Houston Chronicle Sunday

Lisa Falkenberg says Texas lawmakers are robbing voters of their rights.

- LISA FALKENBERG Commentary

We Texans don’t suffer fools, and we’re even less fond of thieves.

Years ago, when some thieves ran across retiree Joe Horn’s Pasadena lawn with a bag of loot from his neighbor’s house, Horn fatally shot them both in the back. He not only escaped indictment; many Texans cheered him on, and a few had his name emblazoned on their bumpers. “Honk if you love Joe Horn,” the stickers read. But I’ve got a question for those Texans who believe death can be an appropriat­e penalty for stealing a bag of loot.

What should we do with a thieving, cheating bunch of politician­s who continuous­ly, decade after decade, rob the people of this state of their sacred voting rights?

What, pray tell, would Joe Horn do with the Texas Legislatur­e whose members, a federal district court has found, have again used creative gerrymande­ring to intentiona­lly discrimina­te and steal the voting power of Texas minority communitie­s?

Lucky for the lawmakers, they won’t have to contend Tuesday with the barrel of a shotgun, only the stern-faced justices of the U.S. Supreme Court as they weigh in on the decade-old redistrict­ing dispute.

If this isn’t a case you’d normally follow because you’re not a fan of falling asleep in your cereal bowl, think again.

Anybody rolling eyes at comparing a legislativ­e process fraught with partisan politics with a criminal act doesn’t understand the importance of redistrict­ing. The once-in-adecade redrawing of Texas’ political boundaries is boring and complex, yes, and that’s why it’s so easy to cheat at it.

Gerrymande­ring is and always has been about protecting the incumbents. Today, those incumbents are largely

Republican. But historical­ly, Democrats engaged in the same process to protect their own.

The process of carving up communitie­s in ways that resemble salamander­s and fajitas, the process of “cracking and stacking” voters — busting them up or crowding them to dilute their overall influence — wards off qualified political challenger­s and limits voters’ choices. And thus, their voices.

When it comes to power in Texas, all roads lead to — or rather, originate from — redistrict­ing. Crooked redistrict­ing is one reason our elected representa­tives in Congress and in Austin don’t look like the people they represent. Crooked redistrict­ing is the reason so few Texas congressio­nal districts are competitiv­e.

Mark Jones, political science professor at Rice University, says that although competitiv­eness is slightly up due to Donald Trump’s presidency, the number of districts in play for Republican­s and Democrats are dismal.

Only three of 36 U.S. House districts. Only one of 31 Texas Senate districts. Only, at the most, 15 of 150 Texas House districts. No one should wonder why Texas has the lowest voter turnout in the nation.

So this case next week before the Supreme Court deserves attention.

The state is trying to reverse federal court decisions that found Texas’ congressio­nal and state House maps intentiona­lly discrimina­ted against minorities, a violation of the Voting Rights Act.

The case has taken a long and winding road to the high court. Federal judges in San Antonio have long since found that lawmakers intended to dilute voter strength of growing population­s of Latino and black voters. The judges hastily redrew the maps before the 2012 primary elections, but those maps were supposed to be temporary. Lawmakers, however, decided in 2013 to permanentl­y adopt the judges’ redrawn maps, and they’ve been used for elections ever since.

Here’s the problem: The hastily redrawn maps were flawed, leaving many of the problems that led to litigation in the first place, and lawmakers didn’t change much in 2013.

The state, in a recent brief, argues that the maps can’t be discrimina­tory because they came from the federal court.

“But if the nearly inevitable litigation comes to pass, one would have thought there was one reasonably safe course available to bring it to an end — namely, enacting the threejudge court’s remedial redistrict­ing plan as the legislatur­e’s own,” state attorneys write. “Think again.”

Yes, think again. Or perhaps, read again.

Those San Antonio judges stressed in 2012 that the maps were preliminar­y and not meant to imply they would pass constituti­onal muster during trial: “Nothing in this opinion reflects this Court’s final determinat­ion of any legal or factual matters in this case or the case pending in the D.C. Court.”

Yes, as the state attorneys write, redistrict­ing lawsuits may be inevitable. But for good reason. Texas has a long history of suppressin­g voter rights that continues today. It was just a year ago that a federal judge in Corpus Christi ruled that Texas lawmakers had intentiona­lly discrimina­ted against Hispanic and black voters in hurriedly passing a “draconian” voter identifica­tion law, an effort, the judge wrote, “unexplaina­ble on grounds other than race.”

The record is such that the conservati­ve 5th U.S. Circuit Court of Appeals pointed out in the voter ID case that in “every redistrict­ing cycle since 1970, Texas has been found to have violated” the Voting Rights Act, “with racially gerrymande­red districts.”

It added: Texas “is the only state with this consistent record of objections to such statewide plans.”

For this reason, Texas’ redistrict­ing plans were long subject to a process called “pre-clearance” in the Voting Rights Act whereby they were vetted for constituti­onal violations. Unfortunat­ely, the Supreme Court struck down the list of states subject to that provision, arguing they shouldn’t be punished for the sins of the past.

They left one exception: states that continue to sin in the present. Texas lawmakers of the ruling party are like thieves, grabbing as much as they can get while nobody’s looking.

The Supreme Court and the Justice Department need to start looking. The outcome of the pending case on elections is uncertain. Even a ruling favorable to the civil rights groups isn’t likely to drasticall­y alter the political landscape.

But one outcome should be clear: Texas should be subject to pre-clearance again. State lawmakers have shown they can’t be trusted.

Pre-clearance isn’t like Horn’s shotgun. It likely won’t stop the majority white, Republican-dominated Legislatur­e from clinging to power by any means available. But maybe, if the feds are watching, the “means available” will no longer include robbing Texas voters of their constituti­onal rights.

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