The Supreme Court hears a case today on Texas redistricting maps that could pose a challenge to Section 5 of the Voting Rights Act, which forces states with a history of discrimination to pre-clear their election laws with the Justice Department. The Christian Science Monitor explains the court case:
At issue is whether federal judges in San Antonio overstepped their authority when they took it upon themselves to redraw congressional and state house election districts without any prior judicial determination that maps drawn for that purpose by the Texas Legislature were illegal or unconstitutional.
Texas officials object to using interim judge-drawn maps while election districts established by the state Legislature remain tied up in ongoing litigation [...]
Meanwhile, a federal three-judge panel in Washington is set to consider whether the original maps drawn by the Texas Legislature should be given preclearance for use in the upcoming election – and future elections – or whether there are parts of that must be amended to comply with the Voting Rights Act and the Constitution.
This will have to be determined on an expedited basis, because the Texas primary takes place on April 3.
There are two major implications for the ruling. First, the legislature’s maps differ strongly from the ones drawn by federal judges. As many as four seats could shift from Republicans to Democrats depending on which maps get used. As a result, because of the expected close race for the House, the choice of maps could determine which party holds the majority.
But there’s a larger issue at stake. Groups like the Mexican American Legal Defense and Education Fund (MALDEF) sued the state because the legislature’s maps didn’t comply with the VRA, particularly by diluting the political power of Hispanic minorities. In its brief, Texas all but said that the Court should invalidate the need for pre-clearance under the Voting Rights Act. “Redistricting is an inherently political process, and – in the absence of some violation of statutory or constitutional law – it is wholly committed to the discretion of state legislatures,” said solicitor Paul Clement in his Supreme Court brief. While the case turns on the ruling of the three-judge panel, which invalidated the legislature’s maps and submitted interim maps to use in their place while the case made its way through the judicial process, this could have implications for the Voting Rights Act.
A potential case in South Carolina, where the Justice Department rejected a change to voter ID laws, could also target the Voting Rights Act. The upshot is that the VRA pre-clearance provision is firmly within the sights of the conservative movement. Whether this lawsuit or a future one will make the determination is a bit unclear. But the Court will have to decide.





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I think discrimination is endemic nowadays if not as obvious or egregious as in select locations before the Voting Rights Act.
So having Section 5 apply in ALL states would make sense going forward. It’s too bad the effort instead seems to be undermined and at risk.
Sadly, a Supreme Court capable of rendering Citizens United is capable of gutting the VRA.
Yes, we used to have a Court that cared about civil rights, equal protection, and fair elections…Now those were the days…..
Yeah, I am worried about that. Radio report on State’s position (this is San Antonio public radio) was “should VRA still apply 40 years later?” like 40 years was a long time.
It isn’t, of course, especially when you’re trying to overcome the insidious effects of 300 years or so of de jure and de facto deliberate discrimination.
Forty years is nothing at all in history.
Report coupled with announcement by local elections officials that we will not be getting our 2012 voting registration cards (all we’ve ever needed to vote, no photo id before, and really not that if they can find on you on the voters roll at the poll. No problem) this month as usual; not til mid-February, and that it is if the decision has been rendered.
Registration cards show your congressional district as well as precinct; since they don’t know what district you’ll be in, they can’t print the cards.
Sigh.
Yet another chance for John Roberts to play umpire.
My bet: Kiss the pre-clearence section of the VRA goodby. And expect an exception to be carved for “good faith” redistricting that just happens to accidently dilute minority participation while carefully keeping the distract sizes the same.
It might not even be a 5-4 decision. I don’t think we can count on anybodys vote in this one.
Boxturtle (I have this horrible vision of a majority opinion written by Thomas)
Groups like the Mexican American Legal Defense and Education Fund.
Soon to be representing the majority rather than a minority in Texas.
http://www.politicsdaily.com/2011/02/21/hispanics-are-closer-to-becoming-the-majority-in-texas/
Thomas knows how to write?
… is there a problem here?
He has some really sharp staffers. And the 88 crayon set of Crayola’s.
Boxturtle (I could probably write an opinion, given both of those)
Do you think he sharpens his staffers with the built-in sharpener on the Crayola box?
We have this problem in Texas EVERY ten years because the state legislaturds ALWAYS gerrymander this WAAAAY beyond what is even remotely fair and equitable. Last time it was done by Tom DeLay and his henchmen and RE-DONE by the SCOTUS. This time, republican Lt Gov David Dewhurst supervised the “job”. It’ll still endu up crooked. BUt not nearly so much so as it was.
Not at all. In my world, districts would be made by drawing a line north from Austin to the OK border, then cutting pie sliced triangles based on population, regardless of race, until the state was equally divided and represented.
But I suspect certain groups would feel their representation was “diluted” by that “racisist” approach.
OT:
Breaking News
http://news.yahoo.com/bill-daley-resigns-budget-director-jack-lew-takes-192124817–abc-news.html
Link.So Thomas has only 88?
They don’t call it “Gerrymandering” for nothing.
Daley’s statement reminds me of W’s whining about what hard work it was.
Ya’know. I watched the “West Wing” regularly. Seemed like a pretty “cushy” job to me. Get to rub elbows with the president and the congress. Go to neat parties. Collect HIUGE government pay and pension. Anything goes wrong, president gets blamed for it.
(snort) 707!
“It’s hard out here for a pimp” Yeah. I remember that. Sheesh!
I think they all do that in every position. Oh, I know they do that at regulatory agencies. We have the proof! ;-)
Three “chiefs of staff” in three years???????
“What we have here, is failure to communicate.”
“Bill Daley”…….Why did he hire Major Healy from “I Dream of Jeanie” in the first place? Wasn’t he Howard Borden on the first “Bob Newhart Show” too??
ROTFL. That’s not the only failure!
Well THAT is gonna be a problem. We got more than 88 districts.
SHIT. And, re: #7, I never heard of MALDEF????? LULAC, I know.
Don’t blink or you’ll miss them.
Is this the next guy up? The linked article is two years old but I saw a more recent one that claimed O’s already tight circle was shrinking rapidly and that Wolf was closer to O than ever.
Thanks PP. I haven’t had a ROTFL in a long time. It’s what I live for.
In the distant past, I remember reading that map makers required only 4 colors to distinguish one country from another by color.
MALDEF is a long-established legal defense organization, with offices in Texas and California (unless they’ve expanded since I last looked). It was established in the ’70′s (this is off top of my head, I used to have more contacts with their local office) on the same principle as the NAACP’s legal defense fund.
They hire very good, very dedicated lawyers from excellent schools (one woman I knew in the local office went on to be a law professor at an excellent law school).
But they’re not a general membership organization, their purpose is legal education and litigation. Name is acronym for Mexican-American Legal Defense and Education Foundation. So you won’t hear as much about them as a group like LULAC unless there’s a major lawsuit getting a lot of coverage.
You mean like white, black, brown and yellow????????
..
..
I think that’s all the republican Texas legislature uses.
Thanks for the clarification. Hope they get more exposure. We need their help and input here in Texas.
I agree – The Supremes appointed by Obama are center-right and likely to join the GOP chosen folks.
As long as each pie slice has 51% Democrats and we put all the left over GOP voters all in the same slice, I could go along with that approach and not call it racist.
He was always a few crayons short of a set.
Boxturtle (Too easy)
just asking, would it be possible to give Texas back to Mexico ? Maybe we could get them to throw in the Yucatan, and we’d call it even.
The U.S. does not have enough money to PAY Mexico to take Texas back.
Heh.