Texas Redistricting Fight Shows Why Voting Rights Act Still Needed

Oldgamer

Diamond Member
Jan 15, 2013
3,280
1
0
Well it was a matter of time, I knew they would try this bullshit here in my State. I hope it backfires on them big time.. and if they think they can stop a rapidly growing minority in Texas, they are dead wrong. Their days are numbered and they know the only way they can win is to cheat. They know they can't compete on the merits anymore.
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The Senate Redistricting committee listens to public speakers during a hearing, Thursday, May 30, 2013, in Austin, Texas. (AP Photo/Eric Gay)

The last time Texas redrew its political maps in the middle of the decade, Texas Democrats fled to Oklahoma to protest Tom DeLay’s unprecedented power grab in 2003.

Now Texas Republicans are at it again, with Governor Rick Perry calling a special session of the legislature to certify redistricting maps that were deemed intentionally discriminatory by a federal court in Washington and modified, with modest improvements, by a district court in San Antonio last year. Republicans want to quickly ratify the interim maps drawn for 2012 by the court in San Antonio before the court has a chance to improve them for 2014 and future elections. “Republicans figured out that if the courts rule on these maps, they’re going to make them better for Latinos and African-Americans,” says Matt Angle, director of the Texas Democratic Trust.

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The maps originally passed by the Texas legislature in 2011 personified how Republicans were responding to demographic change by trying to limit the power of an increasingly diverse electorate. Here’s the backstory, which I reported last year:

One of four majority-minority states, Texas grew by 4.3 million people between 2000 and 2010, two-thirds of them Hispanics and 11 percent black. As a result, the state gained four Congressional seats this cycle. Yet the number of seats to which minority voters could elect a candidate declined, from eleven to ten. As a result, Republicans will pick up three of the four new seats. “The Texas plan is by far the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year,” says Elisabeth MacNamara, president of the League of Women Voters.

As in the rest of the South, the new lines were drawn by white Republicans with no minority input. As the maps were drafted, Eric Opiela, counsel to the state’s Congressional Republicans, referred to key sections of the Voting Rights Act as “hocus-pocus.” Last year the Justice Department found that the state’s Congressional and Statehouse plans violated Section 5 of the VRA by “diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice.” (Texas has lost more Section 5 enforcement suits than any other state.)

Only by reading the voluminous lawsuits filed against the state can one appreciate just how creative Texas Republicans had to be to so successfully dilute and suppress the state’s minority vote. According to a lawsuit filed by a host of civil rights groups, “even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts.” To cite just one of many examples: in the Dallas-Fort Worth area, the Hispanic population increased by 440,898, the African-American population grew by 152,825 and the white population fell by 156,742. Yet white Republicans, a minority in the metropolis, control four of five Congressional seats. Despite declining in population, white Republicans managed to pick up two Congressional seats in the Dallas and Houston areas. In fact, whites are the minority in the state’s five largest counties but control twelve of nineteen Congressional districts.

On August 28, 2012, a federal court in Washington found that Texas’s redistricting maps were “enacted with discriminatory purpose” and violated Section 5 of the Voting Rights Act. Texas Republicans not only failed to grant new power to minority voters in the state, the court found, they also took away vital economic resources from minority Democratic members of Congress.

From the opinion:

Congressman Al Green, who represents CD 9, testified that “substantial surgery” was done to his district that could not have happened by accident. The Medical Center, Astrodome, rail line, and Houston Baptist University — the “economic engines” of the district — were all removed in the enacted plan. The enacted plan also removed from CD 9 the area where Representative Green had established his district office. Likewise, Congresswoman Sheila Jackson Lee, who represents CD 18, testified that the plan removed from her district key economic generators as well as her district office. Congresswoman Eddie Bernice Johnson of CD 30 also testified that the plan removed the American Center (home of the Dallas Mavericks), the arts district, her district office, and her home from CD 30. The mapdrawers also removed the district office, the Alamo, and the Convention Center (named after the incumbent’s father), from CD 20, a Hispanic ability district.

No such surgery was performed on the districts of Anglo incumbents. In fact, every Anglo member of Congress retained his or her district office. Anglo district boundaries were redrawn to include particular country clubs and, in one case, the school belonging to the incumbent’s grandchildren. And Texas never challenged evidence that only minority districts lost their economic centers by showing, for example, that the same types of changes had been made in Anglo districts.

The only explanation Texas offers for this pattern is “coincidence.” But if this was coincidence, it was a striking one indeed. It is difficult to believe that pure chance would lead to such results. The State also argues that it “attempted to accommodate unsolicited requests from a bipartisan group of lawmakers,” and that “[w]ithout hearing from the members, the mapdrawers did not know where district offices were located.” But we find this hard to believe as well. We are confident that the mapdrawers can not only draw maps but read them, and the locations of these district offices were not secret. The improbability of these events alone could well qualify as a “clear pattern, unexplainable on grounds other than race,” and lead us to infer a discriminatory purpose behind the Congressional Plan.

The interim maps drawn by three judges in San Antonio in March 2012 rectified some of the worst injustices in the legislature’s maps. The court restored a majority-minority Congressional district in South Texas and created a new one in the Dallas-Fort Worth Area. It also moved Congressional offices and major landmarks back into the districts of Democratic members of Congress, and created three additional majority-Hispanic districts in the Texas House. But the interim maps were based largely on the state’s discriminatory original maps and were drawn before the DC court had a chance to weigh in.

“There’s no question the interim maps are an improvement,” says Michael Li, a Texas redistricting expert who runs the invaluable blog txredistricting.org. “But there still are a lot of open issues that need a hard look because the maps were hastily drawn and designed to be interim, and the San Antonio court didn’t have the benefit of the DC court’s ruling, including its finding of intentional discrimination.”

Li says that based on the state’s rapid population growth, legislators should have drawn an additional majority-Hispanic Congressional seat in North Texas and a Democratic-leaning district in Austin’s Travis County, along with six to seven more state House seats with a higher minority population that are more favorable to Democrats. Between 2010 and 2011, Texas gained 687,305 new eligible voters, 83 percent of them non-white, a trend that has political analysts speculating that Texas will turn purple in the not-so-distant future. But instead of accounting for this population growth and the DC court’s findings of discrimination, Texas Republicans want to make the interim maps permanent before the San Antonio court has a chance to act in order to fortify their majorities.


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Every Democrat in the state House and eleven of twelve Democrats in the Senate signed a letter to Texas Attorney General Greg Abbott opposing adoption of the interim maps. “When you overlay the evidence presented at trial with the demographic explosion that’s happened in this state and the fact that minorities are unaccountable for at significant levels, it tells me we have a lot of work to do,” says Democratic State Rep. Trey Martinez Fischer, chairman of the Mexican American Legislative Caucus.

Perhaps to appease its critics, the legislature has scheduled a series of field hearings on the redistricting maps, starting this week in Dallas. “I believe that there is the capacity to make changes to the maps,” says Martinez Fischer. “There doesn’t appear to this rampant resistance that existed two years ago in what was a hyper-partisan environment. There seems to be reasonable minds who think we should make some changes, but I’m not sure that folks have been able to come to terms with it politically.” But Matt Angle says Texas Republicans are only holding hearings now, two years after passage of the original maps, in an attempt to convince the court in any future lawsuit that they’ve complied with the Voting Rights Act. “They’re clearly sham hearings,” he says. “They made it clear, when it’s all over, that they just intend to pass the interim maps.”

The San Antonio court signaled, in a hearing last week, that the interim maps needed further review, especially in light of the DC court’s finding of intentional discrimination, which has put Republicans on the defensive. “Whether these [legislative] hearings are a façade or we’re really going to work in a meaningful way to adopt a resolution, the court is paying close attention,” says Martinez Fischer.

Texas has joined a lawsuit before the Supreme Court arguing that Section 5 of the Voting Rights Act is unconstitutional. In reality, the state is the perfect case study for why Section 5 is still badly needed. Without Section 5, there would have been no finding of intentional discrimination from the DC court and no modified interim maps drawn quickly by the San Antonio court. Instead, the discriminatory maps enacted by the legislature in 2011 would’ve immediately become law, the court in San Antonio might’ve taken years to get involved and members of Congress would have been elected under maps that would’ve otherwise been declared unconstitutional. (Texas’s voter ID law, which was similarly blocked by a federal court, would also be in effect right now.) “Anybody who says that Section 5 has outlived its utility hasn’t looked at Texas,” says Nina Perales, director of litigation for the Mexican American Legal Defense and Educational Fund. “It has played an extraordinary role in protecting minority voters.”

UPDATE: At a Texas Republican Party meeting in Dallas on May 20, Ken Emanuelson, a local Tea Party leader, was asked, "what can Republicans do to get black people to vote?" He responded, "I’m going to be real honest with you, the Republican Party doesn’t want black people to vote if they’re going to vote 9-to-1 for Democrats.” Comments like these don't bode well for the party's minority outreach.



Read more: http://www.thenation.com/blog/17465...-voting-rights-act-still-needed#ixzz2VNClwC8m
 
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Jaskalas

Lifer
Jun 23, 2004
35,901
10,233
136
Wiki
220px-Us_s5_cvr08.PNG

States and counties requiring preclearance under Section 5 of the VRA as of January, 2008.
Several small jurisdictions have since bailed out,[25] but the majority of the map remains accurate
The procedure is discriminatory and should require preclearing of ALL voting practices nationally.
 

thraashman

Lifer
Apr 10, 2000
11,112
1,587
126
You mean treating people equally.... funny how easy it is to make that sound so bad. Let's save money with profiling and discrimination.

Well it's like the NCAA. If a team is caught cheating, they're punished and watched with more scrutiny in the future. You don't start scrutinizing the teams that have never been shown to cheat. If the non-Southern states had a history of electoral cheating, then they'd be subject to additional scrutiny as well. If the southern states want to stop receiving extra scrutiny then they should stop doing things which warrant it like racial gerrymandering to give Republicans more power!

Hey, I have an idea, let's be like Jaskalas, everyone should go on a sex offender watch list because we need everyone to be treated equally, not just the people that have historically committed crimes!
 

Jaskalas

Lifer
Jun 23, 2004
35,901
10,233
136
Hey, I have an idea, let's be like Jaskalas, everyone should go on a sex offender watch list because we need everyone to be treated equally, not just the people that have historically committed crimes!

I strongly oppose such offender lists based on the same principle.
 

Jaskalas

Lifer
Jun 23, 2004
35,901
10,233
136
So your argument is that we shouldn't discriminate against states that discriminate against people?

My argument is that either everyone should bow to the Feds for election practices, or no one should.
 

dainthomas

Lifer
Dec 7, 2004
14,938
3,917
136
My argument is that either everyone should bow to the Feds for election practices, or no one should.

As soon as Texas stops drawing racist district boundaries, they won't have to "bow to the feds" any more. Obviously they still require adult supervision.
 

Jaskalas

Lifer
Jun 23, 2004
35,901
10,233
136
So you don't believe that lawmakers should take into account past behavior when making laws?

Imagine for a moment that you do not have the power nor the authority to right every wrong. That on the issue of State's Rights I must condemn any action that does not lead to the Union's fair and equal treatment of member States.

Sometimes smart choices conflict with rights, and rights trump smart choices. Such as profiling Muslims after 911. Or on the flip side rounding up the Japanese. It's like the power grab of the Patriot Act which is a brilliant move for national security, but an abomination against civil liberties.

I feel strongly that local governence is importaint to our right of self determination, and on such grounds I support State's Rights as a part of our civil liberties. Some of those rights would share similarities to an individual's, such as protection from such "smart choices".

You would discriminate and make excuses for it. I would likely do the same, against a class or a group I didn't care much for either. A human weakness from a desire of taking out your opponents. I get the feeling that on State's Rights we might find ourselves dynamically opposed
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
The procedure is discriminatory and should require preclearing of ALL voting practices nationally.

Yeh, 100 years of Jim Crow is meaningless. Current efforts that are beyond obvious have no meaning, either.

I'd agree that it should be extended to all 50 states, given the behavior of Repubs in places like Pennsylvania.

Fat chance of that with Repubs controlling the HOR & having filibuster power in the Senate.
 

OneOfTheseDays

Diamond Member
Jan 15, 2000
7,052
0
0
IMHO districting should be done at the federal level with cooperation from the states.

Having this wholly managed by individual states with corrupted legislatures that tilt one way or the other is a threat to democracy.
 

Anarchist420

Diamond Member
Feb 13, 2010
8,645
0
76
www.facebook.com
I hate to say it, but if the liberal minorities didn't vote for their State legislators then they shouldn't complain.

The Republicans only took disproportionate control in PA because blacks tend to not vote for State elections, just national ones.

Other than anarcho-capitalism, we need to go back to one vote for each State with a 9/13 supermajority required for expressly enumerated powers and unanimity to alter the constitution.

One vote for each State can't be racist, since each race is represented equally for the confederation that way.
 

CountZero

Golden Member
Jul 10, 2001
1,796
36
86
IMHO districting should be done at the federal level with cooperation from the states.

Having this wholly managed by individual states with corrupted legislatures that tilt one way or the other is a threat to democracy.

Districting should be done at a federal level via an essentially algorithmic process with the states having the ability to appeal no more than 10% of their districts for more careful districting.

IMO gerrymandering is one of the, if not the, biggest problems with our system today. It skews the members of the house to extremist on both sides and makes the house increasingly dysfunctional as time goes on. I feel like our current gridlock is due to the way we draw up districts and give them to parties. There are fewer actually contested districts than any time in recent history. Run off primaries would also help against this issue but that's another topic.
 

Paratus

Lifer
Jun 4, 2004
17,690
15,938
146
Imagine for a moment that you do not have the power nor the authority to right every wrong. That on the issue of State's Rights I must condemn any action that does not lead to the Union's fair and equal treatment of member States.

Sometimes smart choices conflict with rights, and rights trump smart choices. Such as profiling Muslims after 911. Or on the flip side rounding up the Japanese. It's like the power grab of the Patriot Act which is a brilliant move for national security, but an abomination against civil liberties.

I feel strongly that local governence is importaint to our right of self determination, and on such grounds I support State's Rights as a part of our civil liberties. Some of those rights would share similarities to an individual's, such as protection from such "smart choices".

You would discriminate and make excuses for it. I would likely do the same, against a class or a group I didn't care much for either. A human weakness from a desire of taking out your opponents. I get the feeling that on State's Rights we might find ourselves dynamically opposed

Maybe you should consider that ultimately the legitimacy of the government derives from the consent of its people. Fixing artificial restrictions on people's representation in their government trumps any states right issue you may have.
 

brycejones

Lifer
Oct 18, 2005
30,022
30,958
136
Districting should be done at a federal level via an essentially algorithmic process with the states having the ability to appeal no more than 10% of their districts for more careful districting.

IMO gerrymandering is one of the, if not the, biggest problems with our system today. It skews the members of the house to extremist on both sides and makes the house increasingly dysfunctional as time goes on. I feel like our current gridlock is due to the way we draw up districts and give them to parties. There are fewer actually contested districts than any time in recent history. Run off primaries would also help against this issue but that's another topic.

I think you've pretty much nailed it.
 

BlueWolf47

Senior member
Apr 22, 2005
653
0
76
Districting should be done at a federal level via an essentially algorithmic process with the states having the ability to appeal no more than 10% of their districts for more careful districting.

IMO gerrymandering is one of the, if not the, biggest problems with our system today. It skews the members of the house to extremist on both sides and makes the house increasingly dysfunctional as time goes on. I feel like our current gridlock is due to the way we draw up districts and give them to parties. There are fewer actually contested districts than any time in recent history. Run off primaries would also help against this issue but that's another topic.

Completely agree. I can't understand how we've allowed it to go on for so long. Everyone agrees it is a complete abuse of the system and is basically legalized election rigging. But I don't expect anyone to make changes anytime soon.
 

cubby1223

Lifer
May 24, 2004
13,518
42
86
Districting should be done at a federal level via an essentially algorithmic process with the states having the ability to appeal no more than 10% of their districts for more careful districting.

IMO gerrymandering is one of the, if not the, biggest problems with our system today. It skews the members of the house to extremist on both sides and makes the house increasingly dysfunctional as time goes on. I feel like our current gridlock is due to the way we draw up districts and give them to parties. There are fewer actually contested districts than any time in recent history. Run off primaries would also help against this issue but that's another topic.

And without gerrymandering there would be fewer and fewer representatives from minority groups.

Damned if you do, damned if you don't.

Fact is redistricting must occur, because populations change, the number of seats in a state changes, etc., if you have a bipartisan committee handle redistricting (equal number of Reps and Dems on the committee), they'd never agree on it, gridlock, and cause problems when the deadlines occur.

And if you handle it by an algorithmic process, someone still is in control of setting the parameters, and a someone can almost always be tempted by money.
 

Thebobo

Lifer
Jun 19, 2006
18,574
7,672
136

Wow what a civil discussion.

Btw these people are slime, pickle headed, tripe faced, dirt balls. Seriously the nerve of the pecker heads is astounding.

thanks
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
And without gerrymandering there would be fewer and fewer representatives from minority groups.

Mere assertion.

Damned if you do, damned if you don't.

Fact is redistricting must occur, because populations change, the number of seats in a state changes, etc., if you have a bipartisan committee handle redistricting (equal number of Reps and Dems on the committee), they'd never agree on it, gridlock, and cause problems when the deadlines occur.

And if you handle it by an algorithmic process, someone still is in control of setting the parameters, and a someone can almost always be tempted by money.

Redistricting must occur on the basis of the Census. Texas was redistricted on that basis in 2002, then again on the basis of Repub Statehouse majority whim in 2003.

Current efforts are a desperate attempt to extend that further, to create districts where even a minority of votes can create legislative majorities in the Statehouse & in Congress.

Texas demographics are changing rapidly. Rather than changing with them, Texas Repubs are attempting to hold an ideological line in defiance of that, a false majority in Congressional representation. It's a rearguard action doomed to failure in the long run while being very, very unfair to the people that Repubs claim they want to represent. It's the new Jim Crow, computer enhanced.