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January 21, 2005

More Texas Redistricting...

By Byron LaMasters

Vince reports on Political State Report:

The merry-go-round saga of Texas congressional redistricting heads back to a federal court today as Democrats and minority plaintiffs try once again to get the Republican plan pushed through the Texas Legislature by U.S. House Majority Leader Tom DeLay (R-Sugar Land) thrown out.

Naturally, the state will attempt to show the three-judge federal panel hearing the case that the map is legal and should be used until after the next scheduled round of redistricting in 2011.

Democratic plaintiffs failed in their attempt to block the use of the congressional redistricting plan before the same three-judge panel last year. [...]

Appeals in the case were pending before the U.S. Supreme Court last year when that panel rejected a Pennsylvania redistricting case in a split decision. Four of the justices in Vieth v. Jubelirer said the courts have no business deciding partisan redistricting cases.

Five judges said the courts could intervene but disagreed on how courts should decide whether a partisan gerrymander is not just unfair but unconstitutional.

The Supreme Court then sent the Texas case back to the three-judge panel for reconsideration.

The panel is made up of two Republican appointees, U.S. 5th Circuit Court of Appeals Judge Patrick Higginbotham and District Judge Lee Rosenthal of Houston, and one Democratic appointee, District Judge John T. Ward of Marshall.

Controversal attorney Andy Taylor, who is representing the state and has cost Texans thousands of taxpayer dollars, told the panel in briefs that the U.S. Supreme Court decision in the Pennsylvania case made the Democrats' lawsuit against the congressional map moot. [...]

Lawyers representing Democratic congressmen and some of the minority plaintiffs looked on the same Supreme Court case in a more positive light: Five of the justices had said courts could decide partisan gerrymandering cases but were looking for a standard of review.


More at Kuff, Election Law Blog, The Stakeholder, and A little Pollyanna. Also see the Austin Chronicle and the Daily Texan.

Posted by Byron LaMasters at January 21, 2005 01:55 PM | TrackBack

Comments

Testimony took about 4 hours. Solicitor General Ted Cruz argued the case for the state. The plaintiff lawyers, plus UT Prof Scot Powe, took turns.

Powe's "one man one vote" arguments made the biggest impression with the justices. Powe, in fact, closed out the plaintiffs' arguments.

Judges took it under advisement and said, basically, "Let's not meet again, okay?"

For his part, Cruz served the state well and was well-versed on the case. He's a two-time national debating champ and a magna cum laude graduate of Harvard Law School. And was Rehnquist's law clerk. And a bunch of agency work. Okay, I'm beginning to feel a bit intimidated. And really really old.

Posted by: Kimberly at January 21, 2005 08:25 PM

Good article by Byron and excellent post by Kimberly! Thank you. I still find it all a bit confusing and can't imagine the court overturning the DeLay redistricting scheme, given the politics of the situation.

However, I must say that I would have to believe modern redistricting, using computer modeling and intended to guarantee incumbency once the "right" party wins, is a violation of the 14th Amendment. Voters are, in effect, being denied a real vote. Moreover, the House of Representatives, the so-called "Peoples' House," no longer deserves that name. House reelection rates across the country have reached Stalinist levels. Alternatively, to use a British metaphor, the House of Representatives has become a veritable House of Lords. What do we do about this? I imagine that politics will prevent anything from being done about this. The most equitable solution might to be create truly nonpartisan redistricting boards in all 50 states. Yet, that hardly seems likely.

Posted by: Scoop Jackson Democrat at January 22, 2005 09:24 AM

Your only hope is to get a partisan gerrymandering claim that is also a 14th amendment violation . . . in otherwirds, the majority will has to be defied now and in the future. Texas has all of the indicators except one: defying the majority will.

Posted by: Keith at January 22, 2005 10:30 AM

Byron,

Thanks for cross-posting that. I actually made the PSR report from my office. I'd intended to post to BOR from there, but I didn't have my pw saved on that computer.

Posted by: Vince Leibowitz at January 23, 2005 12:29 PM
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