Austin American-Statesman

Bad redistrict­ing maps stay with us

- — JODY SEABORN

Four and one-half years. That’s how long plaintiffs and the state have been battling in federal court over legislativ­e and congressio­nal districts drawn by the Republican-controlled Texas Legislatur­e in 2011 and tweaked in 2013.

Four and one-half years, during which one three-judge federal panel in Washington, D.C., concluded the 2011 maps intentiona­lly discrimina­ted against minority voters, and during which another three-judge federal panel in San Antonio relied on the flawed 2011 maps to draw temporary district boundaries so the state could hold elections in 2012.

Four and one-half years, during which the Legislatur­e more or less embraced the court-drawn interim maps that had been used in 2012 as its own, and which were used again in 2014 while litigation continued — and during which the U.S. Supreme Court gutted the section of the Voting Rights Act that required Texas to seek federal approval before enacting election changes because of its history of voter discrimina­tion.

Four and one-half years, during which plaintiffs challenged the state’s redistrict­ing maps under another section of the Voting Rights Act — challenges that remain pending with the San Antonio federal court, and for which numerous orders, motions and complaints have been filed, granted, denied or withdrawn, while deposition­s have been taken, testimony has been given and trial exhibits have been gathered.

Four and one-half years. A saga. Long. Complicate­d. Detailed. But not — decidedly not — heroic. Have I mentioned this has been going on for four and one-half years?

And when it will end, no one knows. Nor does anyone know why the threejudge panel for the U.S. District Court for the Western District of Texas in San Antonio appears unable or unwilling to decide whether Republican legislator­s intentiona­lly drew Texas House and congressio­nal districts that discrimina­ted against minorities during the once-a-decade redistrict­ing process that followed the 2010 census.

Last month, plaintiffs filed a motion asking the federal panel in San Antonio to block the state from using the flawed maps that were allowed in 2014 in next year’s elections. The panel rejected the motion Friday.

Instead, the court chose inaction, bemoaning how “extremely difficult” it would be “to implement new interim plans without tremendous interrupti­on to the 2016 election schedule.” As in 2012 and 2014, members of the Texas House and Texas members of the U.S. House will be elected from districts whose boundaries are in dispute.

The three judges wanted to make clear that their order wasn’t a decision on the fairness of the maps — because by any reasonable standard, the maps are not fair. But just as clearly, the judges rejected the plaintiffs’ motion because they didn’t want to disrupt Texas’ participat­ion in the March 1 Super Tuesday primary. Texas is by far the biggest of the dozen Super Tuesday prizes next year. For once, the state is poised to play a significan­t role in determinin­g who the 2016 Republican presidenti­al nominee will be.

The court’s ruling denies us a potentiall­y delicious irony. Ted Cruz owes his seat in the U.S. Senate, and thus his 2016 presidenti­al run, to the discrimina­tory redistrict­ing maps produced by the Legislatur­e in 2011. The court battle generated by the failure of Republican legislator­s to draw maps that reflected the state’s minority population growth pushed the state’s 2012 party primaries from March 6 to May 29, and that nearly three-month delay contribute­d significan­tly to Cruz’s victory over Lt. Gov. David Dewhurst in the 2012 Senate race.

The postponeme­nt denied Texas its meaningful say in 2012’s Super Tuesday primary, yes. More important, if not for the 2011 redistrict­ing maps, Dewhurst would be in the Senate today, not Cruz. The delay from early March to late May gave Cruz precious time to build just enough momentum to force Dewhurst into a July runoff. Dewhurst still came within four points of winning the Republican Senate primary outright that May. So Cruz just barely forced a runoff, but just barely was all he needed. By the time the July runoff came around, Dewhurst was done.

For his presidenti­al campaign, Cruz has charted a patient path to the 2016 nomination. He’s counting on staying steady in Iowa on Feb. 1 and New Hampshire on Feb. 9, and again in South Carolina on Feb. 20 and Nevada on Feb. 23, while other candidates fall away. Then, he hopes to take advantage of his popularity among Texas conservati­ves to grab the majority of the state’s 155 delegates on March 1 to propel him through the rest of the month and beyond. Cruz’s strategy is a smart gamble, but a delayed primary probably would have doomed his chances for the nomination as surely as it doomed Dewhurst’s Senate chances four years earlier. The court’s decision last week spares Cruz that delay.

So here we are, with this decade’s redistrict­ing cycle half over, and with only two more election cycles left this decade after 2016. Maybe that’s the court’s intent — to wait out the cycle, knowing that after the 2020 census and new maps in 2021, we’ll do it all over again.

 ?? DEBORAH CANNON / AMERICAN-STATESMAN 2011 ?? Members of the Texas House of Representa­tives discuss redistrict­ing maps drawn up by Rep. Trey Martinez Fischer, D-San Antonio, in a 2011 meeting. The maps the Legislatur­e eventually came up with have been contested.
DEBORAH CANNON / AMERICAN-STATESMAN 2011 Members of the Texas House of Representa­tives discuss redistrict­ing maps drawn up by Rep. Trey Martinez Fischer, D-San Antonio, in a 2011 meeting. The maps the Legislatur­e eventually came up with have been contested.

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