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December 12, 2005
Texas Redistricting Not Final After All
The Texas GOP's Tom DeLay-engineered Congressional redistricting plan has been in effect since 2003. It yielded significant Republican gains in Texas last year, giving the GOP 21 of the state's 32 Congressional seats after the 2004 election.
Democrats challenged the plan in court, only to have it upheld by a three-judge federal panel. On appeal, the U.S. Supreme Court remanded the decision back to the panel to adjust it. The panel again upheld the original plan, and today SCOTUS decided to weigh in.
Four of the nine votes are required on the Supreme Court to consider a case, which means enough Justices have a problem with the Texas plan to give it a hearing. Perhaps an important factor was the revelation last week that career voting rights professionals at the Justice Department concluded that the Texas gerrymander violated the Voting Rights Act, but were overruled by political appointees at the top.
The Justice Department's decision to grant "preclearance" and approve the plan in spite of unanimous disagreement from the career attorneys and analysts is described as "highly unusual". Given this Administration's emphasis on politics over policy in so many instances, however, we're not surprised.
That the Court decided to take the case, so soon after ruling on Pennsylvania's plan, suggests they have a problem with the plan. Undoubtedly, the new makeup of the Court will play a role in how this case is decided, but may not be determinant. We don't know for sure, but might assume that new Chief Justice John Roberts will follow his predecessor and support the GOP gerrymander.
It may surprise readers to learn that outgoing Justice O'Connor, often thought of as a moderate voice on the Court, has previously voted to uphold these Repbulican redrawings. She was a former state legislator in Arizona, and is considered quite partisan in these matters. So, even if Alito is confirmed, his vote is not likely to be any worse than hers.
The swing vote is Anthony Kennedy, who has expressed concern at overly partisan redistricting, and who seems to relish his role of swinging the Court -- a role that is likely to grow with O'Connor's departure.
So, it ain't over yet. Texas Democrats would be wise not to bank too much on the Supreme Court throwing out the Texas gerrymander, but it could happen.
Posted by houtopia at December 12, 2005 03:01 PM