High court dismisses state Dems’ redistricting appeal

Justices to consider redistricting on racial, but not partisan, lines.

The U.S. Supreme Court on Tuesday dismissed an appeal from the Texas Democratic Party arguing that the state’s political maps were improperly gerrymandered along partisan lines.

The court did not comment on its decision to dismiss the appeal beyond noting that it lacked jurisdiction on the claim.

On Friday, the court announced that it will review maps the Legislature drew for the Texas House and congressional districts after a three-judge federal court panel ruled in August that 11 districts were drawn to intentionally discriminate against minority voters.

If the high court acts to limit partisan gerrymandering in cases under review from Wisconsin or Maryland, Texas Democrats could return to the lower court for some type of relief, Rick Hasen, a professor of law and political science at the University of California-Irvine, wrote in his Election Law Blog.

“We anticipate an upcoming opportunity to continue our pursuit of justice for Texas voters,” Texas Democratic Party Chairman Gilberto Hinojosa said. “The Texas Democratic Party will always stand by the rights of Texas voters and will proceed with its partisan gerrymander claim at the next opportunity.”

Texas officials argued that the Supreme Court lacked jurisdiction in the case because the Democrats did not challenge a final order in the redistricting case.

The same objections were raised in the Texas cases the court accepted last week. However, the court said it would defer considering the questions of jurisdiction until “the hearing of the cases on the merits.” An oral argument date has not yet been set.