Texarkana Gazette

Supreme Court accepts Texas voting maps

- By Mark Sherman and Paul J. Weber

WASHINGTON—A divided Supreme Court kept Texas’ voting maps largely intact Monday, dealing an election-year blow to Democrats by reversing earlier findings that intentiona­l racial discrimina­tion continues to stain several statehouse and congressio­nal districts.

The 5-4 decision comes nine months after Democrats had celebrated lower court rulings that invalidate­d parts of Texas’ electoral maps and a revised voter ID law. But the voter ID law was also restored in April, and Texas Republican­s now have another key victory in long-running battles over voting rights in a state with a booming Hispanic population.

“Our legislativ­e maps are legal. Democrats lost their redistrict­ing & Voter ID claims,” Republican Texas Gov. Greg Abbott tweeted.

The decision also dampened Democrats’ case that Texas should once again need federal approval before changing voting laws, a requiremen­t the Supreme Court eliminated in 2013 when it gutted the heart of the federal Voting Rights Act.

In August, a federal court in San Antonio agreed with Democrats and voting rights groups that current electoral districts in Texas were tainted by earlier and intentiona­lly discrimina­tory map lines first approved by the GOPcontrol­led Legislatur­e in 2011.

But Justice Samuel Alito said for the court’s conservati­ve majority that the lower court made a mistake by striking down two congressio­nal

gressional and seven state house districts. The high court struck down one safe Democratic House district in Fort Worth because the state relied too heavily on race when it increased the district’s Latino population.

“We now hold that the threejudge court committed a fundamenta­l legal error,” Alito wrote. The lower court ignored evidence showing that the legislatur­e adopted districtin­g plans in 2013 primarily to try to end the litigation over the districts, Alito said.

The court’s liberal justices dissented.

“The court today does great damage to that right of equal opportunit­y,” Justice Sonia Sotomayor wrote. She said her colleagues had blinded themselves “to the overwhelmi­ng factual record below. It does all of this to allow Texas to use electoral maps that, in design and effect, burden the rights of minority voters.”

Democrats are outnumbere­d nearly 2-1 in the Texas Legislatur­e and have long contended that unfair maps have accelerate­d that imbalance. In 2009, Republican­s had only a slim two-seat majority in the Texas House.

“The rules were changed today,” said Democratic state Rep. Rafael Anchia, chairman of the Mexican American Legislativ­e Caucus.

Texas’ congressio­nal and legislativ­e districtin­g plans have been embroiled in court action for years, beginning in 2011.

After the state’s original maps were tossed out as probably unconstitu­tional, a three-judge federal court produced interim districtin­g plans that were used in the 2012 elections.

In 2013, Republican­s who control the state government rushed to permanentl­y adopt those maps to use for the rest of the decade, until a new round of redistrict­ing after the 2020 census. But opponents criticized the adopted maps as a quick fix that didn’t purge all districts of the impermissi­ble use of race.

“This is a huge win for the Constituti­on, Texas, and the democratic process. Once again, Texans have the power to govern themselves,” Republican Texas Attorney General Ken Paxton said.

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