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December 02, 2005

Delay's Redistricting Plan Violated the Voting Rights Act

By Phillip Martin

Late last night (a little after midnight), I posted this news from DailyKos and the Washington Post. Here's the article:

Justice Department lawyers concluded that the landmark Texas congressional redistricting plan spearheaded by Rep. Tom DeLay (R) violated the Voting Rights Act, according to a previously undisclosed memo obtained by The Washington Post. But senior officials overruled them and approved the plan.

The memo, unanimously endorsed by six lawyers and two analysts in the department's voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections.

"The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect," the memo concluded.

The memo also found that Republican lawmakers and state officials who helped craft the proposal were aware it posed a high risk of being ruled discriminatory compared with other options.

But the Texas legislature proceeded with the new map anyway because it would maximize the number of Republican federal lawmakers in the state, the memo said. The redistricting was approved in 2003, and Texas Republicans gained five seats in the U.S. House in the 2004 elections, solidifying GOP control of Congress.

J. Gerald "Gerry" Hebert, one of the lawyers representing Texas Democrats who are challenging the redistricting in court, said of the Justice Department's action: "We always felt that the process . . . wouldn't be corrupt, but it was. . . . The staff didn't see this as a close call or a mixed bag or anything like that. This should have been a very clear-cut case."

A quick read of this article makes it clear that professional voting rights experts concluded that Delay's plan violated the Voting Rights Act. Furthermore, it seems that the plan was only saved and the Delay map is only in place because political appointees from the Bush administration at the Justice Department decided to ignore the unanimous findings of their own professional staff and then imposed a gag order.

UPDATE: Here's a link to the 73-page memo.

Posted by Phillip Martin at December 2, 2005 08:15 AM | TrackBack

Comments

The 73 page memo is here:

http://www.washingtonpost.com/wp-srv/nation/documents/texasDOJmemo.pdf

Posted by: Tom Blackwell at December 2, 2005 03:16 AM

Pfiffle & Pfluff. Think Two Toms would let such a minor thing, like the law, stand in their way? Whatever else are political hacks & appointees for, if not for doing your bidding?

Posted by: texxas redd at December 2, 2005 08:51 AM

I did pre-clearance work for the state and find it difficult to believe that people really think the "professionial" staff at DOJ are more impartial than the "political" staff or the U.S. court system. The professionial staff are 90-percent hacks; the political staff are 90-percent hacks.

Democrats screwed Republicans to the wall in the 80s and 90s. Republicans screwed Democrats to the wall in the 2000s. I'm not a fan of any of it, but there has to be a point when you let it go.

Rs and Ds should come together and support the reauthorization of the Voting Rights Act -- but with a catch. It should apply nationwide.

The VRA is a wierd duck. It applies in Virginia, but not West Virginia. It applies in Manhattan, Brooklyn and the Bronx, but has no effect in Queens and Staten Island. New Mexico? Not covered. Arizona? Yep. Rhode Island? A VRA state. New Jersey? Nope, not covered.

I handled a case two years ago to get preclearance for a Groundwater Conservation District in Brenham. (DOJ granted permission for the election, but the voters said no to the District.) Many of these types of elections are never held because rural counties in Texas don't have the jack to battle DOJ over preclearance.

If the VRA is a good idea in 2005, then it should be a good idea in Idaho, Florida, and Arkansas. The VRA was passed in 1965 to PREVENT discrimation. But a bunch of dead white guys got their state/county/city/region exempted, and those exemptions have stayed on the books for three decades.

If a lawmaker from Maine or Alaska wants to vote to re-up the VRA, fine. But make them included in the law.

Posted by: notgannatell at December 2, 2005 09:46 AM

The VRA does cover the entire country. The preclearance provisions apply to those areas with a history of voting discrimination.

Posted by: anon at December 2, 2005 10:01 AM

Stop the presses! Inherently political process is infused with politics.

Posted by: snrub at December 2, 2005 10:07 AM

So now Republicans are racist? And when did the mainstream media give any coverage to how the Democratic Senatorial Campaign Committee illegaly secured the credit history of Maryland Lt. Gov Michael Steele, a black Republican running for the U.S. Senate? As far as we know, hasn't quite happened yet. And how many Democrats stood up and denounced the liberal talk show host who referred to Condolezza Rice as "Aunt Jemima?" Surely not Nancy Pelosi, Harry Reid, Jesse Jackson or John Kennedy. Nor the Grand Kleagle of the Senate Democrats, Robert "KKK" Byrd.
My, my, just how disgusting can liberal hypocrisy get?

Posted by: Trey at December 2, 2005 10:13 AM

My mistake..I meant to say John Kerry, not John Kennedy. The Powerade hasn't taken effect just yet.

Posted by: Trey at December 2, 2005 10:16 AM

Redistricting was all about securing political power before the electorate matured and translated into voting power. The Republicans are no dummies - just sinister and evil. Oh yeah, racist too.

Posted by: Marie at December 2, 2005 10:28 AM

I object to the comment that all "professional" staff are 90% hacks. I am an MPA student and have internshipped for the City of Dallas. It was not my experience at all that public administrators were hacks (at least in Dallas). We bureaucrats are a pragmatic lot!

Posted by: Daniel Bailey at December 2, 2005 10:52 AM

Daniel: My comments were limited to the career folks at DOJ. Trust me, those folks couldn't fix a parking ticket. I have no doubt that the City of Dallas staff is excellent.

Posted by: notgannatell at December 2, 2005 11:38 AM

Also ... Anon's comments are just wrong. Without preclearance, there is no VRA. Unless the DOJ wants to go after someone after the fact, there is no enforement except in "covered" jurisdictions.

BTW, today's Washington Post has a great article about a non-existent candidate winning office in West Virginia (non-covered) during an undercover sting.

I'll give up my crusade for expanding voting liberties nationwide and enfrancising minorities regardless of where they live if ANON will list three Texas counties (out of 254) that he/she would permit to ecsape preclearance. Then we'd be at least like most states.

Posted by: notgannatell at December 2, 2005 11:49 AM

The big problem here is that since 58% of Texas voters vote for the Republican candidate for congress it is unfair for only 47% of our congress members to be Republican. The argument that minorities are being discriminated against because they will lose influence in some districts is ridiculous. Based on that reasoning Republicans can never gain a district through redistricting since every district has minorities who prefer to vote Democrat. Following this reasoning would mean under the VRA DEmocrats can never lose seats, which is obviously what they want.

Posted by: Royal at December 4, 2005 11:47 PM
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