Austin American-Statesman

Court: Don't redraw most districts

Decision: No evidence 10 districts drawn to discrimina­te against minorities.

- By Chuck Lindell clindell@statesman.com

In a major victory for Republican leaders in Texas, a sharply divided U.S. Supreme Court ruled Monday that a lower court should not have tossed out 10 state political districts, including one in Travis County, for improper racial discrimina­tion.

The 5-4 decision, split along ideologica­l lines, found no evidence that Republican lawmakers drew the districts with the intent to discrimina­te against minority voters — a significan­t conclusion that ended the threat of Texas being forced to get federal approval under the Voting Rights Act before changing political districts in the future.

Of 11 political districts that

a lower court ordered to be redrawn last year, the Supreme Court identified problems with only one — a Fort Worth-area state House district held by a Democrat that was found to have been improperly gerrymande­red by race.

The ruling means Travis County — a Democratic stronghold broken into five congressio­nal districts, four of which are represente­d by Republican­s — will not get new districts. There was a strong possibilit­y that Democrats would have gained at least one seat in the U.S. House had the lower court ruling been upheld.

Writing for the majority, Justice Samuel Alito said the Republican-drawn political maps were legal.

“When all the relevant evidence in the record is taken into account, it is plainly insufficie­nt to prove that the 2013 Legislatur­e acted in bad faith and engaged in intentiona­l discrimina­tion,” Alito wrote.

In a strongly worded dissent, Justice Sonia Sotomayor said the majority went out of its way to produce a desired result — a ruling that ignored substantia­l evidence of intentiona­l discrimina­tion to allow Texas the continued use of “much of its discrimina­tory maps.”

“It means that, after years of litigation and undeniable proof of intentiona­l discrimina­tion, minority voters in Texas — despite constituti­ng a majority of the population within the state — will continue to be underrepre­sented in the political process,” Sotomayor wrote in an opinion joined by other members of the court’s liberal wing, Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

In a one-page concurring opinion, Justice Clarence Thomas repeated his belief that Section 2 of the Voting Rights Act — which prohibits voting practices that discrimina­te based on race — should not apply to redistrict­ing disputes. This time, Thomas found company as the court’s newest member, Justice Neil Gorsuch, joined his opinion.

2 lower court rulings

The long fight over the state’s political districts, drawn earlier this decade after 2010 census numbers were released, arrived at the Supreme Court after a three-judge district court panel concluded last year that Republican mapmakers illegally drew two congressio­nal districts:

District 35, held by U.S. Rep. Lloyd Doggett, D-Austin, which the court said was improperly gerrymande­red along racial lines to provide Doggett with a Latino primary challenger and to eliminate another district with significan­t Hispanic and African-American population­s that consistent­ly voted for Democrats.

District 27, formerly held by U.S. Rep. Blake Farenthold, R-Corpus Christi, which the court said was improperly drawn to reduce the voting strength of Latinos. Now stretching from southern Bastrop County to the Coastal Bend, the district originally extended from Corpus Christi south to Brownsvill­e and was heavily Hispanic.

In a separate ruling about a week later, the same threejudge panel in San Antonio ordered that nine Texas House districts in Bell, Dallas, Nueces and Tarrant counties be redrawn, saying they were created to discrimina­te against minority voters.

Of the 11 districts, however, the Supreme Court found problems with only Texas House District 90 — held by Rep. Ramon Romero Jr., D-Fort Worth — which was found to have been drawn with race as the predominan­t factor to ensure that Latino voters were in the majority.

The Supreme Court returned the case to the three-judge panel “to consider what, if any, remedy is appropriat­e” for Romero’s district, the majority opinion said.

Reaction to the ruling

Texas Attorney General Ken Paxton praised Monday’s ruling.

“The court rightly recognized that the Constituti­on protects the right of Texans to draw their own legislativ­e districts and rejected the misguided efforts by unelected federal judges to wrest control of Texas elections from Texas voters,” Paxton said. “This is a huge win for the Constituti­on, Texas and the democratic process.”

Democrats reacted with anger and disappoint­ment.

State Rep. Eddie Rodriguez, D-Austin, the policy chairman of the Mexican American Legislativ­e Caucus, said the “conservati­ve-leaning court chose to ignore the voter suppressio­n suffered by millions of Texans.”

“Unfortunat­ely, the judiciary has failed to intervene in Republican­s’ power grab, and right now there’s nothing stopping them from gerrymande­ring Texas districts yet again,” Rodriguez said. “We must fight for nonpartisa­n redistrict­ing reform and a fair 2020 census with a renewed sense of urgency.”

Doggett criticized the court for “ignoring Republican wrongdoing.”

“Real change depends on whether Texans change the compositio­n of the state Legislatur­e after the 2020 census,” he said.

The ruling was the second victory for Texas in a voting rights case this year.

In April, the 5th U.S. Circuit Court of Appeals reversed a Corpus Christi federal judge who had struck down a state law requiring voters to show a picture ID at the polls.

The appeals court said that by adding additional forms of identifica­tion, the Legislatur­e corrected concerns that the law discrimina­ted against minority voters, who were less likely to have acceptable forms of ID under the old law.

 ?? RALPH BARRERA / AMERICANST­ATESMAN ?? District 35, held by U.S. Rep. Lloyd Doggett, D-Austin, was one of the districts tossed out by a ruling that is now reversed.
RALPH BARRERA / AMERICANST­ATESMAN District 35, held by U.S. Rep. Lloyd Doggett, D-Austin, was one of the districts tossed out by a ruling that is now reversed.
 ?? FILE NICK WAGNER / AMERICANST­ATESMAN ?? Texas Attorney General Ken Paxton praised Monday’s ruling. “This is a huge win for the Constituti­on, Texas and the democratic process,” he said.
FILE NICK WAGNER / AMERICANST­ATESMAN Texas Attorney General Ken Paxton praised Monday’s ruling. “This is a huge win for the Constituti­on, Texas and the democratic process,” he said.

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