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December 12, 2005Supreme Court to Review TX RedistrictingBy Karl-Thomas MusselmanWhen it came to light just over a week ago that DOJ expert staff opinion was silenced by political appointees in the initial review of Texas Redistricting, we thought it was the end of the road, a memo come to light without any action to be taken. Now that's changed, as the US Supreme Court has taken up four of the remaining seven Texas Redistricting cases.
For a more in depth analysis of what's on the table, check out this SCOTUSblog post. Also coming to light is a new rule over at the DOJ, that expert staff opinions have been banned in Voting Rights cases.
Here we go again. Comments
Is there any reasonable chance that the 2003 redistricting plan will be overturned? Any evidence of where John Roberts might stand? I would love for Austin to have its own district again. What I would REALLY love to see is a revolutionary ruling saying that partisan affiliation cannot be taken into consideration in redistricting. But that's wishful thinking. Posted by: Jeff at December 12, 2005 11:44 AMI think the fact that the U.S.S.C. has agreed to hear these cases is very promising. I along with most Texans opposed redistricting right from the start, but after Martin Frost lost his seat to a complete moron, it got personal for me. U.S.S.C. = S.C.O.T.U.S. Obviously there is a problem within the Justice Department. When staff attorneys find fault with a proposed plan but the Justice Department approves it nonetheless, that is an indication that the "checks and balances" aren't working. More and more of these "approved" redistricting plans are ending up in the courts despite Justice Department approval. The minority party always objects. Sometimes it ends up in the courts. It seems of late, sometimes has become every time. There are some advantages to the 2003 Texas redistricting plan but there are also some disadvantages. And far more disadvantages than advantages. Reality is the Republicans gerrymandered Texas beyond any justification on any basis. Texas is a huge state. With distinct areas. With distinct populations that go far beyond race or political party affiliation. Bad enough to mix apples and oranges. The Republicans this time threw in some tomatoes and a couple of pine trees. Red state or Blue state we are really a rainbow state when it comes to our population. We are not a solidly anything politically. Republicans do vote for Democrats. And Democrats do vote for Republicans. Which calls into question the use of "voting patterns." At least for me. We are a melting pot even within racial communities. West Texas, East Texas, South Texas, North Texas, the Hill Country, the Panhandle,the Valley, the Gulf Coast. Each with distinct populations that have quite different needs that have nothing to do with race or anything else. They are distinct geographic regions. One size does not fit all. And one representative in these gerrymandered districts cannot serve all. Both parties tend to gerrymander to give themselves a political advantage. I'm not sure the Voting Rights Act or anything else really allows them that advantage beyond the use of "voting patterns" and I may be wrong and invite correction. Regardless of anything, the party in power does what it thinks it can get away with. And they usually get away with it. Obviously the manner in which states redistrict needs to be better defined. And who better to define it than the Supreme Court? While we still have a reasonably rational Supreme Court. Posted by: Baby Snooks at December 12, 2005 03:08 PMRational Supreme Court? Anyone else read Bush v. Gore? Hell, under SC, that "Side-show Bob" dude from the first American Idol should have sued in an epic Kelly v. Justin case just to see where Sandra Day O'Conner's loyalities really lie. He could have used the Equal Protection Clause to make an equal number of male/female votes. I bet the Court takes up the case, rules for the Repugs, then Martin Frost buys everyone a beer. Do you want Kelly Clarkson to bust out with a "Since You Been Gone" take for Max Sadlin? It's the least he deserves. . . Posted by: Bill at December 12, 2005 03:46 PMI said reasonably. Despite the monarchy they installed, they still stood up for "equality" in the Colorado decision involving discrimination and of course in the 21.06 decision. Monarchies do fall. I suspect where Tom De Lay is headed, King George will soon follow. Posted by: Baby Snooks at December 12, 2005 04:09 PMAustin now has 2 congressmen (both from Austin) representing it, rather than just one. How is that not better? Posted by: whatever at December 12, 2005 06:32 PMTechnically that is correct, but one of them is a republican which may not represent what Austin is. Posted by: Tek_XX at December 12, 2005 10:58 PMSpeaking to the specifics of the "evil" 2003 map, Texas now has 3 districts where African American voters control the outcome every time, which is roughly proportional to the percentage of African Americans in the state. The modified Martin Frost map which Texas was under for the 2002 elections only had two. I don’t believe any other state in the country achieves that level of proportionality, but I’m not entirely sure on that one. I do know that no state does better on that point. >>Austin now has 2 congressmen (both from Austin) representing it, rather than just one. How is that not better? Seting party affiliation aside, this is not really true because neither of them can fully represent Austin, as they have to represent other areas, too. Under the old map, Austin had its own district (District 10) which was contained entirely within Travis County. Our representative, therefore, worked entirely for us. Austin now has three districts, but not single one is completely an Austin district. Austin is the largest city in the United States in which this is the case, by the way. The Republicans wanted to dilute Austin's legislative influence because it is a Democratic city. If people in Austin feel strongly about a certain issue, while people in Houston suburbs/San Antonio/McAllen feel differently about it, we don't have a representative who really speaks for us, since he or she would have to take into account the views of citizens from other parts of the state who may have different views. Posted by: Jeff at December 13, 2005 09:54 AMGuess what guys. There are a lot of Republicans who live in Austin. So having a Republican from Austin does represent the values of many voters, and particularly the voters in that district. And since Republicans now represent the majority in Washington, doesn't it make sense for the city to have a representative actually sitting at the table, Also, take a look at the districts. If any of the congressmen representing Austin were to ignore the city's needs, they would find reelection difficult. CD 10,m for example is almost evenly weighted between Harris and Travis counties. As a result, McCaul has delivered for the city. I bet if you gave the folks at city hall a truth pill they'd tell you McCaul is better for the city than Doggett is. Posted by: whatever at December 13, 2005 10:24 AMGuess what guys. There are a lot of Republicans who live in Austin. So having a Republican from Austin does represent the values of many voters, and particularly the voters in that district. And since Republicans now represent the majority in Washington, doesn't it make sense for the city to have a representative actually sitting at the table. Also, take a look at the districts. If any of the congressmen representing Austin were to ignore the city's needs, they would find reelection difficult. CD 10,m for example is almost evenly weighted between Harris and Travis counties. As a result, McCaul has delivered for the city. I bet if you gave the folks at city hall a truth pill they'd tell you McCaul is better for the city than Doggett is. Posted by: whatever at December 13, 2005 10:24 AMJeff's point is the most important in this argument. It is not whether or not Blacks or Hispanics controll enought districts, the point is whether or not districts are drawn in a manner which makes it possible for a single congressman to represent the interests of the entire district. This comes up not only in Austin, but also in many other districts. Stenholms old district was mentioned earlier, this one is a good case for this problem. How exactally does a single congressman represent the interests both of the rural panhandle, and areas of north central Texas, while combining other panhandle area interests with those of central Texas and the hillcountry. Ludicrous. The question is, should districts be drawn in a way that makes representation possible and sensible or to achieve some form of racial or political balance? Posted by: comeon at December 13, 2005 10:57 AM>>I bet if you gave the folks at city hall a truth pill they'd tell you McCaul is better for the city than Doggett is. If that's true, I find it odd that the "folks at city hall" show up at fundraisers for Doggett but not for McCaul. But you miss my point. People in Travis Couny and people in Harris County don't see eye-to-eye on all things, and it is not good for either of them to have a representative who does not fully represent them. It's just as unfair to people in Harris County as it is to people in Travis County. It's not a matter of party loyality. Last month, we had redistricting reform on the ballot in Ohio (where it would have benefited Democrats) and California (where it would have benefited Republicans). As it was, they failed in both states, because people were more interested in partisan advantage than in democracy. Posted by: Jeff at December 13, 2005 12:28 PM"...because people were more interested in partisan advantage than in democracy." Exactly. Posted by: Baby Snooks at December 13, 2005 02:21 PMI think the dismantling of the 24th district is what the focus needs to be on. We know it was all about politics; get rid of the W/D 40s, and Martin Frost. That district was a minority impact in where hispanics in Dallas and african-americans in FW were able to control a district. Now the heavily african-americans Democratic SE FW is in a district with affluent Flower Mound, entirely new Lewisville and other heavy GOP areas. The hispanic community now is in a district with the elite in North Dallas and the Park Cities. But since Chris Bell's district was eliminated to make a a district for Al Green, the GOP justified getting rid of the old 24th to give a district to Kenny boy Marchant. Posted by: pc at December 13, 2005 03:14 PMHow exactly does taking decision-making power away from ELECTED representatives and giving it to non-elected boards, judges, etc. increase democracy? I understand that losing can make the faint-hearted doubt the value of democracy, but having the elected make the decision usually works out in the end. Posted by: Dub at December 14, 2005 09:19 AM"but having the elected make the decision usually works out in the end." How does this work out when the "elected" turn out to be criminals? Or, funded by criminals? It works by having a transparent system (is anybody having a hard time finding out about the DeLay case?), an electorate that chooses to inform itself of the facts (such as the FACT that Mr. DeLay has been convicted of nothing), and candidates willing to fight for the right to serve. It's not perfect, but yes, I believe that it does usually work in the end. As Churchill said, "...democracy is the worst form of government except all the others that have been tried." Posted by: Dub at December 14, 2005 04:51 PMDub, In a real democracy, the voters choose their representative. Under the system you seem to favoer, the representatives choose their voters. That's not a republic- unless you put the word "banana" in front of it! Posted by: Jeff at December 14, 2005 08:09 PMJeff, Ok Dub, The grouping of voters along the lines of common interests and needs should take a back seat to grouping voters along party lines. I'm getting it. I'll be a good republican in no time. Posted by: comeon at December 15, 2005 11:14 AMSo beliefs, i.e. party affiliation, are not a common interest or set of common interests? How would you prefer the lines be drawn? Like they were when the majority of Texans did not agree with the outcome of the overall Congressional elections? Basically, are you saying "common good" is when Republican voters are packed into as few districts as possible in order to maximize Democrat office holders? You, of course, have the right to believe that. I just wish the Democrats would be honest enough to admit that is what they believe. I think economic interests superceed party affiliation. LOOK AT THE MAP. Tell me how the interests of Agricultural and Farming communities in the panhandle match those of suburbanites in north central Texas. Or why it is that counties adjacent to each other sharing both common geography and economic interests should not share congressional representation, other than the fact that including some of these counties might make it more difficult for a republican contender to beat a democratic incumbent. Dub you're an idiot. Let me explain something to you about "THE 1965 VOTING RIGHTS ACT." It does not matter what race the CONGRESSMAN is--what matters, is the racial make-up of the district. Chris Bell's district was a minority district, as was Martin Frost's, and Henry Bonilla's. Since ol' Henry couldn't get anybody but the white folks to vote for him, your party dumped a bunch of Anglos into his district and called it a "MINORITY INFLUENCE DISTRICT" because Henry is a Mexican (or so he says). On to Chris Bell. Dub--have you ever heard of the term "packing"? It means that you take two minority districts and combine then into one super minority district to dilute the minority vote. That is what happend in TX. They got rid of Frost's real minority district, and Bonilla's minority district, and created two super minority districts, for a loss of....drum roll please...that's right folks at "least" one minority district. Apparently Dub thinks that whatever the race of the Congressman is determines whether or not a district is minority. So under that logic all white people need to do is find a minority who will do what they tell'em and we gots ourselves a minority district. Posted by: ki at December 15, 2005 02:04 PMIdiot, eh? Did you not read my post of the 12th at 11:26 p.m.? I know it's considered bad form to quote yourself, but ki would apparently rather not sully his/her mind by reading all of this thread, so here you go: By the way Dub, Or better yet, why not lump New Hampshire together with California and call it a voting district. Posted by: comeon at December 15, 2005 02:50 PMDub--you must have the same math teacher as the majority leadership in the US House of Reps. FUN WITH STATS: ***Pre-DeLay Plan*** 1. Dist.15 Hisp (Hinojosa)* 2. Dist.16 Hisp (Reyes) 3. Dist. 18 AA (Jackson Lee) 4. Dist. 20 Hisp (Gonzalez) 5. Dist. 23 Hisp (Bonilla)* 6. Dist. 24 AA (Frost)* 7. Dist. 25 AA (Bell) 8. Dist. 27 Hisp (Ortiz) 9. Dist. 28 Hisp (Rodriguez) 10. Dist. 29 Hisp (G. Green) 11. Dist. 30 AA (EB Johnson) ***DeLay Plan*** 1. Dist. 9 AA (A. Green) 2. Dist. 16 Hisp (Reyes) 3. Dist. 18 AA (Jackson Lee) 4. Dist. 20 Hisp (Gonzalez) 5. Dist. 25 Hisp (Doggett)** 6. Dist. 27 Hisp (Ortiz) 7. Dist. 28 Hisp (Cuellar) 8. Dist. 29 Hisp (G. Green) 9. Dist. 30 AA (EB Johnson) * Eliminated as Minority Opportunity District Under DeLay Plan FOR THOSE OF YOU LIKE DUB--WHO CANNOT SUBTRACT-- THAT IS A LOSS OF 2 MINORITY SEATS.
But the dirty tricks party, ever the power grabbers that they are couldn't wait for some of these oldies to retire, or for the next census for that matter, as soon as they got control of the leg, DeLay made sure as the first order of business they pushed through a gerrymandered nightmare, even though Texas couldn't fund its schools and had tons real problems to deal with all over the state. It didn't result in districts that made it possible for Republicans to win Dub, but rather, created districts that made it "impossible" for Democrats to win, which is illegal. Posted by: ki at December 15, 2005 04:10 PMDub likes the redistricting because it benefits the Republicans. If he were living in California, where redistricting favors the Democrats, he would be screaming bloody murder. For my part, I very much wanted the redistricting reform in California to pass last month; even though it would be bad for my party's interests, it would have been good for democracy. The fact that Republicans have large statewide votes is irrelevant. It may surprise you, Dub, but Republicans can vote for Democrats and Democrats can vote for Republicans if they want to. Does the term "free country" mean anything to you? As for overall congressional race average, your own logic defeats your argument. Add up the numbers from the Democratic 2004 congressional races and you'll see that they got 43.5% of the vote. But winning 10 out of 32 seats gives them only 31.25% of the representation. Posted by: Jeff at December 15, 2005 04:21 PMAs an aside, I opposed taking redistricting out of the hands of the CA legislature, even though it likely would have 2-3 new Republican seats. You don't increase democracy by reducing it. Posted by: Dub at December 15, 2005 04:41 PMki, There are 11 seats held by Democrats not 10. We're hoping to get Chet Edwards next fall. Posted by: Dub at December 15, 2005 04:47 PMComeon, The current map has about 10% more Republican Congs than votes. I suspect that despite much gnashing teeth those numbers will come very close together in 2006. Dub the chart was for "minority districts" not democratic ones, try and keep up. Posted by: ki at December 15, 2005 04:57 PMYou've got to get over the fantasy. Frost's and Bell's districts were not protected districts! The court have never said so, and there is no reason to believe they will. On a slightly tangential note Dub, how do you figure that the major cities in "rural" areas have little in common with the smaller towns surrounding them other than geography? Of course they do. Where are you from anyway. Posted by: comeon at December 15, 2005 05:17 PM
You said "LOOK AT THE NUMBERS: Texans cast millions more votes for Republican Congressional candidates than Democrat candidates, and have for years. Under what system of fair representation of people and their interests do you advocate for a majority Democrat delegation to Congress???" As far the number of cast votes are concerned, it doesn't matter how many ballots are cast but who lives in the district. You see Dub, I don't know if you know this or not, but children cannot vote. However, children are considered in the drawing of Congressional lines as part of the Congressman's district. Minority citizens have the right to a certian number of their own districts based on thier population (not ballots cast) in the each Voting Rights state according Federal laws. Even the ones who do not vote, but I suppose I shouldn't expect a DeLay supporter to grasp the whole rule of law thing unless it benefits them. Posted by: ki at December 15, 2005 05:18 PMKeeping up fine. I was using those percentages and number of D & R Congs to answer Jeff above. Posted by: Dub at December 15, 2005 05:18 PMI don't know what all this talk of "performing districts" are, but a minority district cannot be pre-cleared by the DOJ under the current set of laws unless it is majority minority. The fact is, Bonilla's district is majority white, and although Frost's district was a coalition district, of two minority groups, blacks and latinos, it was a heck of lot less white than Bonilla's current one. And as for Bell, unless I am mistaken, well his district was a minority district. Posted by: ki at December 15, 2005 05:25 PMYou are mistaken. It wasn't. It is now. Posted by: Dub at December 15, 2005 05:29 PMComeon, Call him what you like, Dub has forgotten more about re-d then asshats like ki will ever know. Pathetic that they can't even concede the last set of lines were drawn to benefit Democrats. In their world, it was a group of philosophers that sat around and decided what lines would best represent Texas, not Laney and Bullock hammering it out with the D congressional delegation. Get a f-ing clue. Posted by: snrub at December 15, 2005 10:44 PMobviously snub, you have nothing intelligent to offer to this thread, you know nothing about congressional lines that Rush Limbaugh didn't tell you, so your poor little pea brain has to result to insults. At least, when I insult someone it's with purpose, you know, like calling you a pea brain, I don't see much point in calling someone I do not know an ahem "ass hat" Posted by: ki at December 16, 2005 09:57 AMLook Dub, the very idea that minorities are better off with two less districts is insane. Now if you want to divert over to "but...but..the Texas delegation should refect a GOP majority!" then fine, there is no place for such political ramblings in the court of law, which is why, in my opinion, that map will soon be overturned. In fact, some are so confident it will, that they are dropping out of their current races, like popular Laredo State Rep. Richard Raymond who abandoned his primary against Cuellar, and lord willing, when the map does get overturned will come after Bonilla. Posted by: ki at December 16, 2005 10:08 AMLook, Bell's and Frost's districts in the previous map were not protected, nor will they be resurrected. It's just not going to happen. I know that's what lawyer Hebert is arguing for, and well he should, but he's not going to prevail. Keep in mind, there are many people that have good, smart lawyers arguing for them that lose. That doesn't mean the lawyer should have never make the argument. But the fact that he is smart and good does mean it is going to prevail. Tell it to the Justice Dept. Dub, I wouldn't make those comments about Frost and Bell's districts if I were you until you read the DOJ memo that the Washington Post leaked a few weeks back. That memo mentions that Frost's district was a performing African American district that was never replaced, and that Bell's district was a performing African American district that did not need to be strengthened, suggesting packing of the dist. Posted by: ki at December 16, 2005 04:59 PMki, Post a comment
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