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Subscribe to RSSThe Supreme Court jumps squarely into the partisan battles of 2014 Monday, refereeing a legal fight that could help determine whether Republicans take control of the House of Representatives.
Texas, by virtue of its expanding population, is entitled to four new seats in in the House, bringing its total to 36. Nearly 80 percent of that growth came from an increase in the state's Latino and African-American populations, groups that tend to vote for Democratic candidates. But the Texas legislature drew a new map of congressional districts that virtually guaranteed three of the new seats to Republicans. Civil rights groups immediately sued, and a federal court came up with a map of its own on an emergency basis for this year's elections.
Both sides are asking the Supreme Court to rule by early February on which map to use -- the one drawn up by the Republican controlled legislature, or the court-drawn map, which would likely give Democrats more of the new seats. Due to its history of discriminating against minority groups, Texas is among the states required to get permission for any change in its election process. Texas opted to seek that approval from a federal court in Washington, D.C., but several Democrats and civil rights groups filed a separate lawsuit in Texas to block the new map. It is that case which is before the Supreme Court.
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The state argues that the Texas court exceeded its authority in drawing up its own map and should have ordered instead that the legislature's map would be used on an interim basis for the 2014 election, while the state pursues permanent approval for its redistricting plan.
The Texas court, argues Paul Clement, the lawyer for the state, should not have tossed out the legislature's new map and substituted one of its own.
"Redistricting is an inherently political process," Clement said. "In the absence of some violation of statutory or constitutional law, it is wholly committed to the discretion of state legislatures."
However, the groups challenging the revised state map say the legislature went out of its way to dilute the voting power of Latinos and African-Americans by splitting up politically active portions of those populations and replacing them with residents who tend not to vote.
"Although Hispanics and African Americans together now outnumber Anglos in Texas, the congressional redistricting plan the legislature enacted actually reduced the number of districts in which minority voters would be able to elect their candidates of choice," says John Devaney, a lawyer representing the challengers.
The state's plan, Devaney said, reflects an effort to "pick off, split up, and drown out minority voters to ensure that minority population gains would not translate into minority electoral gains."
The case also involves a challenge to the state's plan for redrawing districts for state legislative elections. Both sides urge the court to act with unusual speed. "Usable maps must be in place by February 2, 2012, even in order for the delayed primary elections to go forward," Clement said.
Lurking in the background of the case is the future of a key part of the federal Voting Rights Act. Section 5 requires states with a history of discrimination to get permission, known as preclearance, before changing any of their election procedures. While Texas does not challenge the constitutionality of that provision directly, some civil rights advocates worry that the case could present an invitation for the justices to strike it down.
The Supreme Court came close to weakening Section 5 in a 2009 decision, also involving a Texas voting change. While the justices declined to overturn the preclearance requirement, several suggested it may no longer be needed.
"Things have changed in the South," wrote Chief Justice John Roberts. "Blacks now register and vote at higher rates than whites," he said, in some covered states. Roberts said the historic accomplishments of the law are undeniable, but added the federal burdens it imposed "must be justified by current needs."
The civil rights groups challenging the new Texas congressional map urge the court to steer clear of reviewing Section 5.
"The question whether those burdens are justified is neither raised nor necessary to a decision," says John Devaney, the lawyer for the groups. "It must be left for another day."
Many legal scholars doubt the Supreme Court will reach the Section 5 question in this case.
"The court recognizes that it must act more quickly than usual, given the time pressures involved with primary elections looming shortly down the road. For all those reasons, the court is likely to focus on the narrowest issues needed to resolve the particular legal issues presented," says Prof. Richard Pildes, an election law expert at the New York University School of law.
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Republicans like children fighting for candy Waaaaaaaaaawaaaaaaaaaaaaaaaawaaaaaaaaaa.bunch of pussy's
I believe that this too is an honor code violation.
I'd like term limits on the SCOTUS, thet are all politicians.I say they need to go.
This is not so much about the Supreme Court as it is about corrupt practices by the Republican run Texas state legislature. These Constitution loving conservatives will wave it in your face for their cause but trample on it if it works against them.
Actually, if you read the Constitution, it's the lower court that is trampling on the Constitution! Remember what Obama said? "Elections have consequences"! That works both ways!
Dead Democrats have been voting in Illinois and New Mexico for years --- pot calling the kettle black?
This is confusing, if they're the majority, how can they be minority voters?
Uh, sort of wanting to have your cake and eat it too, I suppose.
Prime example of why the term Progressive Logic is considered one of the worlds ultimate oxymorons!
Perhaps Texas should approach redistricting the way Washington State does: A four member panel composed of 2 Ds & 2 Rs. Three of the 4 must agree. We just added a 10th district, and although they worked down to the wire, the Commission completed their work and I dont hear either side complaining.
Hmmm........
What if all whites unthinkingly voted Republican, sort of like Pavlov's dogs?
I'd like to know just how the constant redrawing the districts became ok -Neighborhoods change, people move, move on, move up because of changes in employment, number of kids, etc. Shouldn't it rather be that a state decides once and only once what the districts are and if it changes, then the wanna be has to deal with it, as it is. shouldn't it be left alone to morph as it is want to do? Makes the wanna be have to work for it, convince those that have a differing point of view that their plan is better. Shouldn't the wanna be have to work for it? Ok, I'm just jane doe voter down here in the trenches, going to work everyday, but this games-manship continues to discourage and disappoint current voters and certainly alienates the young voters - and this voter is sick of it.
It has to do with the population shifts and each district HAS to have as similar a population as possible.
The district I live in comprises the entire panhandle of Texas and a ways towards Dallas because our population is so sparse while there are multiple districts inside Greater Dallas alone.
All based on "population shift" both parties like to shift lines to stack votes to lessen the power of the countering party. Which is why the only way to fix this is to have fixed Senatorial Districts and move to a One Person One Vote plan so not a single person is disenfranchised. Problem is, if we do that, I guarantee the Republican wouldn't win a majority of seats for a LONG time.
This is what perry was talking about when he was saying that the court is trying to make the laws of the country. Perry needs to figure out a way to recall members of the court who do such things. Especially the chief justice who is the most activist & in the minority.
Just another way that politicians are gaming the system.
It is a done deal that the Texas Right Wingers will have more votes because this Supreme Copurt is not about law or the constitution, it is about blatant partisanship. The five Right Wing jurors will always vote their politics.
They went so far as to interfere with Florida's right to have there election votes recounted as there elected public servants felt was necessary in the 2000 election. The proper move for the supreme court back then if they wanted to be lawfull was to disallow the Florida votes if the recount could not be done in the required time.
Now we have this deal where Corporations are people and money talks and what else they will do in the future to see to it that the Right Wing in this country rules regardless of what the people want.
We have to stop calling those five Conservatives.
So,,,,,,,,,,,I guess this means the free 2 day vacation trip to parts unknown for minorities the day before election day will be canceled also?
The Republican party is getting desperate all across the country trying to find ways to suppress minority voters, The funny part is that within the next 4 years minorities combined will become the majority of voters in the USA.
Hmmmmm,,,,,Maybe a law that says one white Conservative vote counts as 10 could be kept in the Courts until after the elections?
Texas is still in diapers politically. They require adult oversight from the federal government because they are so childish and racist that they can't be trusted to act like grown ups. It looks like some sort of Ombudsman is going to have to oversee their schools system soon before Texas reduces their schools to institutes for idiots, afterall, its unfair to give Texas students an education that is not up to par with the rest of the country.
Oh you big bad a$$ Texans, don't it make ya proud!
Obama Care has been addressed, that's why we have Obama Care.
If you look it over on your own diligently, you will see that this care system is not as it is made out to be. I doubt the health care industry and insurance companies will want it removed. The power to make all they want from it reamins in the hands of those companies. Remember, whatever Obama Care costs it will be passed on to the people.
Obama Care is blockage against something more Socialistic. I don't like it on that score, but you should embrace it.
What many find objectionable, and so do I, is the employer mandate. That is something that may be readdressed.
Actually the Texans are not the ones who are is such serious debt,you need to look at the Bedwetters in California,Michigan,New York,Nevada,where the Democrats have full districts but the state is failing.
You can add Illinois to your list StormerF
James,
You Yanks should keep your corrupt hands out of western and southern politics --- mind your own friggen business!
Who sets their priorities? -- Texas voting lines vs. Obamacare? This should be a slam dunk for which has greater impact on the country. Every state, business, and Americian citizen regardless of party is waiting on them to address Obamacare. I case this is a case brains but not enough common sense to chew gum and walk down the street at the same time.
The Republican dominated supreme court will render the most biased decision it thinks it can get away with. I wonder if we are going to get through the term of this court without a civil war.
Corruption? Paul Clement is as corrupted as you can get! Had dinner with Scalia and Thomas and McConnell and the Pfizer Inc. Representative!
Paul Clement needs to RECUSE HIMSELF on this issue and the issue facing the Supreme Court in June 2012 over the Healthcare Law!
Paul Clement violated ethics and pursued bribery over the judges and should have his bar license removed!
I suggest the Civil Liberties Groups go after Clement and file a lawsuit against him. He has Scalia and Thomas around his neck! Scalia and Thomas need to be impeached by the US House. But, the GOP gang of thieves won't go there. It will have to wait until November when the Dems take back the HOUSE.
Disgusted with MY Party of No nothing, DO Nothing GOP Congress! Vote them all OUT!
Signed a Responsible Republican voter, Middle Class American
Hearing Democrats complaining is funny. In Ca, they redrew the state to eliminate Republican districts. No complaints by anyone here for that. Can't have it both ways.
The article clearly stated that latino's and African Ameicans out numbered Anglo's. Doesn't that make the minority the Anglo's? But then I can read. Maybe someone should send these comments to the Supreme Court.
Strange that a state can not determine its own destiny,or districting.It would be nice if they just allowed people who actually owned or are buying property to vote,since these people are the ones where states get all their property taxes and most of their revenue from.
Texas is so dumb... let's let Mexico have it!
Hasn't the conservative majority in the supreme court done enough damage to America? First we get the Citizens United disaster where the highest corporate bidder can literally buy their favorite politicians to skew the laws any which way they desire and now this???? I guess if the gop(greedy old party) can't win elections honestly they'll get their crony majority on the supreme court to rig them all in their favor??? Karl Rove politics at it's finest........Good Grief!
The Citizens United decision is going to backfire on the GOP. Liberals are richer and control more wealth than Conservatives. Corporations have to be very concerned about their political stance--their customers come from all walks of life and political leanings. The Citizens United decision has all manner of unintended consquences, not the least of which will be increasing scrutiny and fact checking on all political statements. I also expect negative adds to diminish in effectiveness the more they are used, you can expect an onslaught of them in 2012. Lies and more lies make all statements and misrepresentations meaningless eventually. The GOP uses these techniques to excess, the public quickly tires of such cynicism and negative information.
ooohhhhh..... I smell a HUGE anti-GOP backlash coming in Nov what with their paralyzing of the federal government, the failure to take care of America's business, the deliberate creation of this debt crisis taht peole are just finding out about and more and more voting hijinks.
It isnt often that you see a party have a 59% DISAPPROVAL rating with 47% of it's own member disapproving of the actions of their own party! ( Pew Research Poll) I think the only question is how big the backlash will be!
Well let's see...It will probably be pretty big! I think they will only have 65 seats in the Senate and 300 in the house! You see, most of us know where the real problems arise from!
ted, Either you are dreaming or you live in a Texas enclave with old GW! the GOP has shot itself in the foot, they have insulted, demeaned, denigrated and generally pissed on virtually every segment of the American Public. Who do they really think will vote for them? Some people are stupid enough to fall for all their fringe issues, but those issues are not where the rubber meets the road for amost Americans.
America does not have an abortion problem, America does not have a gay problem, America does not have a religion problem, America does not a have a constitution problem, America does not have a activist court problem, America does not have a Liberal Media problem, America does not have a tax problem, America does not have a serious drug problem, America does not have an energy problem. America does not have a union problem. America does not have a family problem. America does not have a stem cell problem, America does not have welfare problem, America may not even have a debt problem since no one will ever say how much we can afford or who will come to collect!
These are all problems MADE UP by the GOP. If elected they will try to impose draconian solutions to all these fake problems when they never existed in the first place. And those so called solutions will benefit the rich and drive the middle class further into poverty.
Who will be the "True Conservative', the "True Christian", or the "True American" ??? The fact that they even pose such a question shows that they don't understand what America is all about! If elected NO ONE will be "true" enough for them so look out if your not an upper middle class christian white person!
None of the Republican canidates are talking about real solutions to real problems. Three of them are in a dead heat to nowhere because they have no answers and no solutions and the rest are just distracting background noise who should drop out before they embarass themselves any further.
Wow! You really are living in a dream world aren't you James?
Another example of the leftwing legislation from the bench! The Supreme Court should have no problem overturning the lower courts decision!
Another example of someone parroting Faux news. Why don't you try coming up with your own comments.
Why Pretend this is even a surprise! These manics can't win anything with merit: Imagine this happening in the past hundred years with any issues wE ARE screwed!
I gave up on Texas when Ann Richards died.
yep, she was a good one!
Are they talking about the Corporate Supreme Court. Texas should not be able to secede it should be sold to Mexico
Aww and lose our 1,158,194 million in GDP contribution. Yup mexico would love that!!! Just under Australia and over New York!!! Yup thats smart for the U.S economy!!!
Just like a liberal criminal --- wanting to sell something you do not own!
Texans will decide their own fate, and you will keep your filthy Yankee nose out of Texas' business!