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    Court throws out Texas redistricting plans

    Court throws out Texas redistricting plans

    A three judge panel in D.C. has thrown out all Texas redistricing maps which were subject to challenge by the DOJ.  It’s a monster 154-page decision, embedded below, so it will take time to figure out what was done to which districts.

    Because Texas is a covered jurisdiction under section 5 of the Voting Rights Act of 1965 (VRA), 42 U.S.C. § 1973, the Attorney General of the United States or a three-judge panel of this Court must approve, or “preclear,” any redistricting plan before it can take effect. Id. § 1973c(a). Texas chose not to seek administrative preclearance and instead seeks from this Court a declaratory judgment that its redistricting plans will neither have “the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or [language minority group].” Id. The United States opposes preclearance of the redistricting plans for Texas’s congressional delegation and the State House of Representatives, but has no quarrel with the plan for the Texas Senate. Seven Intervenors raise a variety of challenges that collectively encompass all three plans. We conclude that Texas has failed to show that any of the redistricting plans merits preclearance.

    Update – If I’m reading this correctly, there is no remedy imposed by the Court. National Journal notes the following:

    This year’s elections are proceeding under different, interim maps developed by a separate federal court in San Antonio. Those maps will remain in place until, barring appeal, Texas will be forced to once again redraw their election maps prior to the 2014 elections.

    The politics appear to be that the new, more favorable to GOP maps are on hold and will not even take effect in 2014 unless there is a reversal, via Dallas Morning News:

    The redistricting battle for this election had already been decided, but this legal wrangling could have an effect on the next elections.

    Texas Republican leaders want a map drawn by the Legislature last year to take effect, as it would give the GOP a bounty of seats. Democrats say the maps don’t reflect that the state’s population growth, which gained Texas four new U.S. House seats after the latest Census, was driven by booming populations of minorities, who tend to vote strongly Democratic.

    More analysis at Election Law Blog.

    Texas v U.S. – Decision on Redistricting 8-28-2012

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    98ZJUSMC | August 28, 2012 at 5:00 pm

    was driven by booming populations of minorities, who tend to vote strongly Democratic stupid.


     
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    retire05 | August 28, 2012 at 6:20 pm

    If the Courts want to reject the lines drawn by the Texas Congress, which is fully informed on the demographics of each districts population, perhaps we could start by redrawing the lines of Shiela Jackson Lee’s district which is primarily minority and most certainly disenfranchises white voters.

    The beauty part of this is that Lloyd Doggett’s district was redrawn, and since he is up for election again in 2014, it will be a thing of beauty to watch him defeated in the primaries by a Hispanic from south of Austin. (trying to look at the up side here)

    The problem is that Texas is now a minority-majority state where whites are the true minority, compared to a combination of black/Hispanic voters. Since Section V was designed to aid in the voting of minorities, then surely we need to get rid of Section V since it will now be whites that are disenfranchised. A 50 year old law that is archaic as it is wrong.

    Now the Romney bunch is trying to change the rules at the convention so that delegates will no longer be chosen at the grass roots level. This too is wrong, and the revolt against it is being lead by (tah-dah) the Texas delegation.

    Texas again leading the way to liberty.

    […] Court throws out Texas redistricting plans (legalinsurrection.com) […]


     
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    GrumpyOne | August 28, 2012 at 10:15 pm

    I’m not at all surprised by this decision and am somewhat pleased that they will have to do it right. In-your-face gerrymandering should never be tolerated.

    I’m a victim of this scheme in that for all of my time spent in the greater Austin area, I have been represented by the most liberal spendthrift Lloyd Doggett. There has never been a spending bill that he couldn’t resist, sanctuary cities that he wouldn punish, amnesty that should not be granted and it just goes on and on and on…

    A few months ago I moved to another congressional district in Austin but you know what, that plan that the Republicans drew up transferred Doggett as well. Worse, this new Doggett district extends in a wormlike form from Austin down to the valley right through San Antonio. Needless to say, I amm pleased that today’s court decision provides the opportunity to get it right since the decision did not impose a solution.

    If anyone doubts my analysis, just look up the “temporary” re-districting schemes and I think that any doubt will be removed…

    Why hasn’t Holder and the DoJ sued Maryland for its redistricting map? It looks like a bunch of coiled snakes. Note: Maryland is a deep blue state whose state and local governments are controlled by liberal democrats.


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