Slate has a good summary of the decision of the federal district court for Texas on Thursday that, once again, struck down the district lines drawn by the Texas legislature for intentional racial discrimination. Federal Court: Texas Intentionally Gerrymandered Its Districts to Dilute Minority Votes:
On Thursday, a three-judge federal court ruled that Texas intentionally discriminated against minority voters in drawing its state House district map in 2011. The decision follows a similar ruling by the same court in March holding that Texas also drew its federal congressional districts in an effort to dilute minority votes. Thursday’s ruling marks the third time in recent weeks that the federal judiciary has found Texas to have intentionally burdened its Hispanic voters.
The majority attached a 151-page findings of fact to its already lengthy opinion, reflecting careful analysis of Texas’ gerrymander that will be difficult for the Supreme Court to ignore on appeal. In short, the court found that Texas legislators drew multiple House districts that diluted Hispanics’ votes, a violation of both the Voting Rights Act and the Equal Protection Clause of the 14th Amendment. The court also found that the legislature had engaged in race-based gerrymandering, which similarly runs afoul of equal protection and the VRA. Finally, the court concluded that the House map violated the one person, one vote principle by creating districts within unequal populations, another Equal Protection infringement.
Posted in AZBlueMeanie, Civil Rights, Congress, Constitution, Corruption, Courts, Election Integrity, Elections, Ethics, GOP War On..., Party Politics, Racism, Redistricting, Scandals
Tagged discrimination, Equal Protection, gerrymandering, voting rights, Voting Rights Act of 1965
John Oliver on his “Last Week Tonight”show Sunday night did a segment on Gerrymandering (video) that, while informative and funny, barely mentioned towards the end of the segment what may become a landmark case in the next term of the U.S. Supreme Court (unless affirmed) from the state of Wisconsin, Whitford v. Gill (No. 16-1161).
It’s time to get up to speed on this pending case.
Rick Hasen at Election Law Blog explains the posture of this case, The WI Gerrymandering Case and the Costs of Mandatory Jurisdiction:
The 2-1 federal court decision striking down Wisconsin’s redistricting plans for the state legislature as an unconstitutional partisan gerrymander, Whitford v. Gill, is without doubt the most significant lower federal court decision on partisan gerrymandering the lower courts have ever issued. The case will also come to the Court in the Supreme Court’s mandatory, appellate jurisdiction — which now exists only for a tiny sliver of cases, including challenges to statewide redistricting plans.
Posted in AZBlueMeanie, Civil Rights, Constitution, Courts, Election Integrity, Elections, Ethics, GOP War On..., Party Politics, Redistricting, Scandals
Tagged gerrymandering, voting rights
On Thursday, a Maricopa County Superior Court judge rejected challenges from a coalition of Republican voters that the Arizona Independent Redistricting Commission (AIRC) used the wrong process in drawing boundaries for Arizona’s nine congressional districts. Arizona redistricting commission wins another legal challenge:
Maricopa County Superior Court Judge Roger Brodman rejected claims that the five-member commission violated the state’s Open Meetings Law as it went about its work.
Brodman’s ruling continues a string of redistricting-commission victories. The citizen-created commission has won all five legal challenges brought against it, including two that went to the U.S. Supreme Court.
It is unclear if the plaintiffs will appeal; attorney Brett Johnson was not immediately available for comment.
Joe Kanefield, one of the attorneys representing the commission, called it a “sweeping victory” because the judge sided with the commission on all the complaints.
“It’s a broad victory, there’s nothing left to litigate at this point,” Kanefield said.
Posted in Arizona Congressional Delegation, Arizona State Legislature, AZBlueMeanie, Constitution, Courts, Election Integrity, Elections, GOP War On..., Party Politics, Propositions, Redistricting
On Friday, a three judge panel of the U.S. District Court for the Western District of Texas, once again, ruled that a handful of Texas congressional districts drawn by the Republican-dominated state Legislature in 2011 discriminated against black and Hispanic voters and violated the Voting Rights Act and the Constitution. Texas Congressional Maps Are Struck Down for Discrimination:
It is the latest development in a long-running and racially charged redistricting case that locked Democratic lawmakers, minority groups, the Obama administration and the Texas Republican leadership in a legal battle for nearly six years. Democrats and civil-rights lawyers accused the majority-white Texas Republican leadership of drawing district maps in ways that diluted the voting power of Democratic-leaning minority voters, accusations that Republicans denied.
“The court’s decision (and findings of fact and conclusions of law) exposes the Texas Legislature’s illegal effort to dilute the vote of Texas Latinos,” said Nina Perales, the vice president of litigation for the Mexican American Legal Defense and Educational Fund, which represented a coalition of Latino organizations that sued Texas over the redistricting maps. “Moving forward, the ruling will help protect Latinos from manipulation of district lines in order to reduce their political clout.”
The next steps in the case were unclear. Texas is likely to appeal the decision, and because of the legal dynamics, any appeal would go directly to the Supreme Court. The process of redrawing the maps may be delayed not only by an appeal but also because the San Antonio panel has yet to rule on another aspect of the case, the district maps drawn for the state’s House of Representatives.
Posted in AZBlueMeanie, Civil Rights, Constitution, Corruption, Courts, Election Integrity, Elections, Ethics, GOP War On..., Justice, Party Politics, Racism, Redistricting, Scandals
Tagged voting rights, Voting Rights Act of 1965
Daily Kos has the best summary of this past week’s truly disturbing events in North Carolina that somehow merited barely a mention in the GOP-friendly media here in Arizona. As the New York Times warned years ago in reference to the Watergate scandal:
If political tyranny ever comes to America, it is likely to arrive not in the guise of some alien ideology such such as Communism or Nazism but as a uniquely American way of preserving this country’s traditional values. Instead of tyranny being the dramatic culmination radical protest and revolution, it can come silently, slowly, like fog creeping in “on little cat feet.”
Daily Kos reports, North Carolina Republicans execute legislative coup against democracy itself:
Last month, Democrat Roy Cooper unseated Republican Gov. Pat McCrory, while Democrats also gained a majority on the state Supreme Court, breaking the Republican stranglehold on North Carolina’s state government. Now, though, Republicans have used the pretext of a lame-duck special legislative session—ostensibly convened for disaster relief—to advance a slew of measures that radically curtail the authority of the governor and even the high court itself. This nakedly partisan plot is unprecedented in modern state history. Indeed, you have to go back to the 1890s to find a parallel, when reactionaries violently introduced Jim Crow after a multiracial coalition of progressives briefly won power.
Posted in AZBlueMeanie, Corruption, Election Integrity, Elections, Ethics, GOP War On..., Governor, IOKIYAR, Legislation, Media, Party Politics, Redistricting, Scandals
On Monday, cases from North Carolina and Virginia came before the eight justices of the Supreme Court, presenting the challenge of finding the delicate balance in considering race when redistricting political boundaries — and the court’s reluctance to weigh in on partisan politics. Questions Of Race And Redistricting Return To The Supreme Court:
The North Carolina case comes from a group of voters who went to court challenging the state’s first and 12th districts. They contend that the Legislature packed more minority voters into these two districts in an effort to dilute their voting strength in neighboring districts.
The state defends the lines drawn for one of the challenged districts by saying it was trying to meet the requirements of the Voting Rights Act that minority voters have the chance to elect their chosen representatives. It defends the other as based on the goal of increasing a partisan advantage, not on race.
So far at least, the Supreme Court has ruled consistently that race may not be the predominant factor in redistricting except in narrow circumstances. But the court has refused to get involved in partisan gerrymandering.
“If your claim is ‘we were just exercising naked political power,’ well, the courts are not touching that, at least not yet,” observes Richard Hasen, an election law specialist at the University of California, Irvine. “But if the claim is about race, then the courts are going to get involved.”
The distinction is often “nonsensical,” he says, especially in places in the South, for instance, where the vast majority of African-Americans are Democratic voters, the majority of whites vote Republican, and the overlap between race and party is enormous.
Posted in AZBlueMeanie, Civil Rights, Constitution, Courts, Election Integrity, Elections, GOP War On..., Party Politics, Racism, Redistricting
Tagged voting rights, Voting Rights Act of 1965