Milwaukee Journal Sentinel

U.S. Supreme Court upholds most Texas election districts

- Richard Wolf

WASHINGTON – A sharply divided Supreme Court ruled Monday that Texas did not draw most congressio­nal and state legislativ­e election districts based on racial demographi­cs.

The 5-4 ruling by the court’s conservati­ve justices said only one state House district was designed by using race impermissi­bly. It upheld the Republican-controlled state legislatur­e’s maps, based largely on a federal court’s 2013 requiremen­t, for all others.

Justice Samuel Alito wrote the decision, asserting that “the good faith of the legislatur­e must be presumed.”

“It was the challenger­s’ burden to show that the 2013 legislatur­e acted with discrimina­tory intent when it enacted plans that the court itself had produced,” Alito said.

Justice Sonia Sotomayor dissented, joined by the other three liberal justices.

“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 said.

The court already had punted on two more significan­t cases this month that challenged the way legislatur­es in Wisconsin and Maryland drew districts. Then on Monday, the justices sent a similar North Carolina challenge back to a federal district court for further review, refusing again to decide whether state legislatur­es can draw election maps for partisan gain.

The challenge was to North Carolina’s 13 congressio­nal districts – 10 of which were drawn to favor Republican­s despite relative parity statewide between the GOP and Democrats.

The action was based on procedural flaws the justices found in a similar case from Wisconsin last week. But unlike that case, challenger­s in North Carolina appear to meet the high court’s procedural hurdles, such as having a plaintiff in every challenged district.

At stake in many states are state legislativ­e districts as well as those for Congress. The statehouse challenges are particular­ly important because the lawmakers elected in 2020 will get to draw lines for the next decade.

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