Supreme Court Throws Out Judge-Drawn TX Electoral Maps Favoring Blacks, Hispanics
- Posted on January 20, 2012 at 11:28am by
Billy Hallowell
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Image Credit: HumboldtGOP.org
WASHINGTON (The Blaze/AP) — The Supreme Court on Friday threw out electoral maps drawn by federal judges in Texas that favored minorities. The unsigned opinion left the fate of Texas’ April primaries unclear.
The justices ordered the three-judge court in San Antonio to come up with new plans, but did not compel the use of maps created by Texas’ Republican-dominated state Legislature. Only Justice Clarence Thomas said he would have gone that far.
Controversy over the maps arose from redrawing political boundaries based on results of the 2010 census that found that Texas had added more than 4 million new residents, mostly Latinos and African-Americans, since 2000. The minority groups complained they were denied sufficient voting power by Republican lawmakers who sought to maximize GOP electoral gains in violation of the landmark Voting Rights Act.
A media report from MyFoxDWF.com earlier this month further explains the drama that unfolded surrounding the state’s redistricting:
Texas will have 36 seats in the next Congress, a gain of four districts. A divided court in San Antonio drew maps that differed from the Legislature’s efforts, giving Democrats a chance to prevail in three or four more congressional districts. Republicans now represent 23 of the 32 current districts.
The high court said the judges appeared in some instances not to pay enough attention to the state’s choices. The judges made mistakes in their plans, particularly in altering district lines for state legislative and congressional seats in parts of the state where there is no allegation of discrimination on the part of the Legislature, the high court said.
“In the absence of any legal flaw in this respect in the state’s plan, the district court had no basis to modify that plan,” the justices said, talking about state House districts in north and east Texas.
The court set no deadline for new maps to emerge from the court in Texas, although state officials have said they need to have something in place by February 1 to hold primary elections, already delayed once, on April 3. The Texas Republican party also has said that Texas may have no voice in the Republican presidential nominating process if the primary is held later than mid-April.
The complicated legal fight over redistricting in Texas is playing out in three federal courts. In addition to the Supreme Court and federal court in San Antonio, a three-judge court in Washington is evaluating the state plans under a key provision of the Voting Rights Act that forces states, mainly in the South, with a history of discrimination in voting to get advance approval before making any changes to the way they conduct elections.
Even without the Washington court’s approval, Texas said it should be able to use its own maps just for this year because time is running short before the primaries.
U.S. Supreme Court Associate Justice Clarence Thomas (AP)
The minority groups, as well as the Obama administration, say such an outcome is strictly forbidden by the Voting Rights Act and would, in essence, eviscerate the law’s most potent weapon, the advance approval requirement, also known as preclearance.
The justices chose not to allow the state maps to be used without preclearance. But Thomas, who earlier had said he would strike down the advance approval requirement, said Texas’ “duly enacted redistricting plans should govern the upcoming elections.”
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Comments (109)
JRook
Posted on January 20, 2012 at 1:29pmThe notion that state legislators on either side of the isle should have the ability to redrawn electoral districts for no other reason than they are in power is an affront to the citizenry and certainly and indication that government is anything but of the people for the people. The practice is juvenile and does nothing more than add to the dysfunctional governments we already have and a deserved disrespect for elected officials.
Report Post »sman7290
Posted on January 20, 2012 at 3:57pmReally? Are you friggin’ kidding? What do you think the primary purpose of the census is? Its job is to tell politicians where population densities have changed so the jurisdictional lines can be redrawn. The reason for this is to ensure proper representation for all people in those areas rather than having an area where population has increased not have full representation or areas where population has decreased being over represented. This task is undertaken every ten years by the governing body of the states. Each state is required to update the size and shape of it’s voting districts to correspond to the current population in that area. Invariably the party in power in that state tries to draw the lines as advantageously to themselves as is possible. The term for this is Gerrymandering. The name comes from former Massachusets governor Eldridge Gerry’s undertaking of the task in 1812. Thus endeth your civics lesson for today.
Report Post »Rickfromillinois
Posted on January 20, 2012 at 5:27pmThis is how it has been done since they started drawing up Congressional districts. Somehow I don’t think you would be upset if it were Democrats doing the redrawing.
Report Post »ApostolicIlx
Posted on March 5, 2012 at 8:42amSMan, I have to agree with with JROOK. They should simply have areas drawn based upon population without regard to race or demographics. Otherwise, you’ll continue to have ingrained division within the political system. Too easy.
Report Post »CLEttinger
Posted on January 20, 2012 at 1:22pmAs i understand it, the “judges” are supposed to rule on the redistricting not re-write the map. If our judges can usurp powers like that then why do we bother to elect people to office in the first place? Have our Dictator in Chief just appoint everyone. Time to remind our representatives that the Constitution is more than just their toilet paper.
Report Post »We are Americans
Posted on January 20, 2012 at 5:59pmTime to remind you our constitution has
Report Post »three equal branches of government.
I’ll explain this to you how it works. I just helped
my seven year old learn thus so pay attention.
Congress writes the laws. Then congress votes on it.
If it passes they send it to the President who signs
it or vetoes it. If it is signed it becomes law.
If somebody disagrees and sues and it makes
it to the Supreme Court they decide if it’s constitutional.
So, even if you dont like a law it’s not unconstitutional
unless the Supreme Court decided it is.
Obviously there are lower courts and other ways
to pass a law without presidential approval by
a two thirds majority in the congress but I
think I will just leave it real basic here. I typed real
slow so maybe you can understand how our
system actually works.
Mateytwo Barreett
Posted on January 20, 2012 at 8:55pm@We
Report Post »I’m typing backwards so you can understand. Thats not the way is works in this administration! The Executive branch writes the laws it wants, the senate passes them the house rejects them, the president complains congress isn;t getting anything done. If it goes the way you describe it,the DOJ files suit and the president says congress doesn’t do anything! If the state legislatures do what thei laws or constitutions require or affirm, the DOJ files suit and the preident says the states are acting to harshly OR quickly. And in closing, should the executive branch be faced with existing law- the DOJ says standing law is unconstituional and will ot be enforced- GOT IT??
We are Americans
Posted on January 20, 2012 at 10:20pmThose are seperate issues then what I just
Report Post »spelled out as our constitutional process of
creating laws and determining whether
they stand the test of the judicial process with the
final judge being the Supreme Court.
I never said the process is perfect but the founders
vision was clear that it is the will of the people that
would rule and be heard and the laws would
reflect their values by the people they elect.
If this was a dictatorship you wouldn’t be able
to vote and have any say.
Bottom line is the people still have a say. Stop electing
all these bozos and go vote and write in whoever you
think should be president and or senator or congressman.
Your controlled and split by the party’s yet their all
not acting in our best interest. That’s all. God bless America
AFreeManInTexas
Posted on January 22, 2012 at 11:14amThis is for We are Americans, thank you for reminding us how the Federal Government was set up to protect all and make sure not all the power was in one branch. One thing that I see in many of the posts is the failure of mentioning what the lower Court did, they ruled the maps were unfair, BUT then the real problems begin, they proceed to write the maps as they see fit, thus breaking the laws of Texas. They are to Judge if a law is legal, not rewrite what is in front of them to “make” them legal “in their eyes”. They should have returned them to the State to rewrite and correct.
Report Post »SpankDaMonkey
Posted on January 20, 2012 at 1:12pm.
Report Post
Please tell us why you are reporting this comment:
The Truth is so darn funny I can’t stop laughing………….All you PC people settle down……
Report Post »steveh931
Posted on January 20, 2012 at 12:45pmThanks for the laugh.
Report Post »LB
Posted on January 20, 2012 at 12:38pmIt happend in Colorado.
Report Post »C. Schwehr
Posted on January 20, 2012 at 12:51pmYup…marxist state supreme court redrew the maps to favor their fellow marxists…this is why we have two marxist senators now. And they’re attempting to redraw the 4th district to eliminate the eastern plains from the state…by attaching n/e colorado to Ft. Collins.
Report Post »thetreyman
Posted on January 20, 2012 at 4:27pmwhat do senators have to do with redistricting?
Report Post »The_Jerk
Posted on January 20, 2012 at 12:26pmJudges have no authority to draw up maps. That is legislating. The court made a ruling. A legislature must now legislate, knowing that ruling. Judges see themselves as princes and princesses. Impeach judges for usurping power.
Report Post »Baddoggy
Posted on January 20, 2012 at 12:25pmThe Laws in Texas are what we should go by..Not judges, not the Federal Government. If we had a stong Governor we would tell the Feds and the interferening judges to go F themselves…But we have the spineless wonder boy Rick Gardasil Perry…He is an absolute JOKE!
Report Post »steveh931
Posted on January 20, 2012 at 1:13pmIdeas like this are what started the Civil War. The Federal Government was not intended to be a daily part of our lives, it was to convene a few months out of the year so States could get together and discuss the problems that face America as a whole and pass laws that are supported by the constituents or citizens of each State to support and promote a healthy environment throughout the entire Nation, providing a healthy Union for the citizens of the United States. Individual States acting alone do not support a healthy environment for any citizen. Sovereign State Laws that are not covered by the U.S. Constitution or the Bill of Rights should not be interfered with by the U.S. Government, unless they subvert the Law of the Nation, your U.S. Constitution upheld by those sworn to protect it.
Report Post »Baddoggy
Posted on January 20, 2012 at 1:16pmVote Romney? I would rather zip my private parts up in my zipper…No thanks.
Report Post »Baddoggy
Posted on January 20, 2012 at 1:21pmWell Stevie old boy…You said it. Time for another Civil War. If you understood the Constitution, you would not be arguing your point.
Report Post »woodyb
Posted on January 20, 2012 at 2:57pm@ BADDOGGY –
By all means, go to it!!!!!!!!!!!!!!!!!!
Report Post »texaswoman
Posted on January 20, 2012 at 5:49pmBAD dog! Do you not realize that it is PERRY suing? The cases are PERRY v. Perez 11-713, PERRY v. Davis 11-714 and PERRY v. Perez 11-715. I definitely agree that our Legislature’s maps should be used. It is long past time that the federal government, via the 1965 Voting Rights Act, should have gotten out of our business! Voters in Texas now routinely elect minorities to office. Good legislators and public servants should and are being elected and that has nothing to do with race. If people think that Hispanics should elect Hispanics and Blacks should elect Blacks, should Whites then only elect Whites? No! We, all of us, should elect the most qualified candidate! Unless you want gimme gimme giveaway socialism, we should all want the same thing! Fair laws, low taxes, a governing body that works for us, not the other way around. We should be beyond that crap and I think most of us are. BTW, it is ironic that in 1965, when Texas was punished for past racial injustice, it was the DEMOCRATS who perpetrated that injustice and it was the REPUBLICANS who fought tooth and nail to fight for racial justice! Ironic that the parties in power in Texas are now reversed and it is the Dems who still want to keep minorities enslaved by destroying families and discouraging independence but it is the Republicans who are punished.
Report Post »We are Americans
Posted on January 20, 2012 at 6:39pmActually Steve your wrong. The federal government
Report Post »was set up to make laws and run the country.
Please see my post above for an explanation.
You may also want to actually read the first part
of the constitution which spells out what each branch
of our federal government is supposed to do.
steveh931
Posted on January 20, 2012 at 9:24pm@WE ARE AMERICANS,
Dig a little deeper than the U.S.Constitution and study the Federalist Papers if you truly want to understand the U.S. Constitution and the reason it was written. James Madison, John Jay and Alexander Hamilton knew a few things and argued the points while the Constitution was being written in four New York News Papers to convince the New Yorkers to accept it. The State Governments were meant to be a everyday part of your life, not the Federal. The Founding Fathers actually thought the Capitol would move as the Nation grew. Question for you, why was the Bill of Rights written?
Report Post »COFemale
Posted on January 20, 2012 at 12:24pmCould you imagine how much better hispanic and black districts would thrive if they had a Republican representative rather than a Democrat who wants to keep them dependent.
Report Post »JQCitizen
Posted on January 20, 2012 at 12:43pmExcellent Point, Cofemal!!! Justice Thomas is absolutely right, also. This is a Tenth Amendment issue. The whole reason the administration wants more illegals over the border, is to have people to present themselves as legal voters, and use them to fight this battle AGAINST the rightful citizens of Texas!!! That voter’s rights bill is Unconstitutional in the way it is written.
Report Post »barber2
Posted on January 20, 2012 at 12:19pmGet ready. Obama targeted the Supreme Court during that infamous ( and prophetic “ you lie ” ) State of the Union Speech. Know why ? These Far Lefty Democrats knew that their executive over-reach was going to run into judicial opposition AND the Democrats wanted to get their future OCCUPY MILITIAS salivating and angry . Remember Citizens United ? The unions did not like that one . Get ready for more Mob Rule/ Union Thuggery from the Boss in the White House and his executive gangsters.
Report Post »C. Schwehr
Posted on January 20, 2012 at 12:54pmVery true. It’s going to get very dangerous for citizens in the various marxist ruled cities this year….Protests will become riots. Keep your weapons free and within reach..
Report Post »Chappy123
Posted on January 20, 2012 at 12:14pmThe left always tries to change thing in their favor. Even if its wrong.
Report Post »Grey Eagle
Posted on January 20, 2012 at 7:44pmYou are correct. Democrats want to take power by going to Judges instead of winning by election. TX has been electing minorities on a regular basis. They don’t need Obama and his band of merry men sticking their nose in TX business.
Report Post »COFemale
Posted on January 20, 2012 at 12:14pmMy personal opinion once district lines are created they can never be changed. This would solve the problem from either side to get the upper hand. The only thing that can be changed is when outer lines incorporate a newly built subdivision that never existed before. If that subdivision spans one or more districts, then it is split evenly across those districts involved. The district lines except on the outer bands of the area should not be some squiggly line. Some of mine here in Colorado make no sense. Their should be a North-South dividing line in the middle of the city and a East-West dividing line through the middle of the city. That would make 4 districts. As the population grew in one area that district would again be cut in half either North-South or East West; again in a straight line.
I realize that some of the districts created are based on # representatives and population and my solution could not be a blanket solution, but it would be a start.
Report Post »Tim Law
Posted on January 20, 2012 at 2:39pmI have to ask if you think we in the true northern counties of CA, with mostly conservative people should stop trying to get our district changed. We are in the same district as San Fran. and they out vote us with just their population alone. Just once in my life time I would like to see my vote count. And I’m sure that there are a lot of other areas in this country that have the same problem the we have here. The lib’s gather in the cities all over the country is it fair that the rural counties and people should have no voice? I think not!
Report Post »Rickfromillinois
Posted on January 20, 2012 at 5:31pmThe number of Representatives from a state is determined by population. The is what the census is for, to determine changes in population. Congressional districts are supposed to also be determined by population. Congressional districts have been changed since the Constitution was enacted and every ten years a census was taken.
Report Post »texaswoman
Posted on January 20, 2012 at 5:57pmTim, I’m afraid that your only solution is to leave CA. You don’t stand much of a chance there! Even the liberals are leaving because they’ve screwed CA up so much! But please don’t move to TX! We already have enough of your liberal former neighbors who couldn’t afford to live in CA anymore and come here and then try to frick us up! They are too stupid to understand that it was their liberal policies that screwed up CA!
Report Post »AxelPhantom
Posted on January 20, 2012 at 5:58pmTexas added 4 more reps in the house, 4 new districts needed to be created and thus the redistricting.
Report Post »barber2
Posted on January 20, 2012 at 12:07pmGet ready for the next Occupy . Or recall. Or union bussing event. Or NAACP / La Raza Demonstration. Or Character Assassinate the judges. ( The Democrats do not follow the normal rules of order. )
Report Post »Dahart
Posted on January 20, 2012 at 12:06pmIn 2008 we here voted to enact the “Fair Districting Act” it passed by a large margin. It was intended to make districts more compact and stop gerrymmanding. Well short after that the state took the tax payers to court trying over turn the bill…..Imgaine that
Report Post »Dahart
Posted on January 20, 2012 at 12:27pmSorry….I ment to say “we here in Florida ”
Report Post »Ghandi was a Republican
Posted on January 20, 2012 at 12:06pmThere is no hope for the minority community until they are represented, free from the exploitation of their colors, races, engineered cultural plights thrust on them by exploitative politicians (Democrats).
Report Post »Districts that look like leprosy ridden Octopus aren’t working.
steveh931
Posted on January 20, 2012 at 12:05pmThe Districts in each State should represent the citizens that live within the District. Districts were not intended to be changed every two years to favor one party over another. The electoral system as written in the U.S. Constitution does not exist, the present day version from State to State is a rotten root that needs to be dug up and used for firewood.
Report Post »13th Imam
Posted on January 20, 2012 at 12:01pmThey ought to look a Connecticut. In each district of the state the Conservative small communities have each been linked with DEMOCRAT , Socialist loaded cities. My district is led by Rosa Delauro, a NEW Haven DEMOCRAT, Socialist, Progressive, Communist that gets elected by the New Haven TAKER class while all the small communities surrounding the NH cesspool pay the bills. She is now famous for her Free Diaper Program, that allows others to now pay for the TAKERS Burdens Diapers. CT has elected few R’s in the last few decades., so no R can be accused of these problems.
Report Post »Rickfromillinois
Posted on January 20, 2012 at 5:36pmDeLauro is your representative? You have my sympathy.
Report Post »kickagrandma
Posted on January 20, 2012 at 11:57amHALLELUJAH and AMEN!!!!
Report Post »RodT82721
Posted on January 20, 2012 at 11:56amRedistricting is supposed to equalize representation in the House by population, not race or party affiliation! What’s wrong with using county boundaries, instead of free form boundaries by race or some other diversity formula?
In this day of the technology to do that, and to do it fairly, why do they turn it over to political hacks to do it?
We end up with politicians that stay in office forever with this existing system. No one could defend the current process as fair. It’s just like that photo ID debate, no one wants voting to be strictly legal. Everyone wants some advantage.
Report Post »C. Schwehr
Posted on January 20, 2012 at 12:58pmAfter the civil war, when the U.S.A. is reformed, perhaps that can be one of the improvements built into the new Constitution…..
Report Post »lisa2994
Posted on January 20, 2012 at 11:50amWe have never had any problems with our voting system therefore there was never a need to redistrict except to try and steal an election in my opinion!
Report Post »408 CheyTac
Posted on January 20, 2012 at 11:59amGerrymandering has been a problem on and off since the War between the States… Should have learned that in any decent non-public-school history class
Report Post »svan71
Posted on January 20, 2012 at 12:23pmIs there any other way to explain Princess Barney Franks years in congress?
Report Post »bikermama
Posted on January 20, 2012 at 11:46amWhy do they always have to pick on the South? Let me tell you something Washington, here in Alabama we had a Democrat Congress for 136 years and our districts for all those years favored Democrats. I have had a black liberal as my Congressperson for a long time, even though the area I live in is about 70% conservative. They drew the lines to include quite a few heavily minority small towns surrounding us. If our electoral districts were a puzzle it would take one hours to fit it together they are so crazy and zig zaggy. It’s ridiculous. So the next time I hear the south favors conservatives and whites and leaves out minorites, I will scream. It is a big fat lie!!! Overall Alabama picks Republican Senators, but our Representatives to DC and our state congress have leaned Democratic til 2010. I hope they will fix all the bs gerrymanderng that has been going on for far too long down here.
Report Post »maccow
Posted on January 20, 2012 at 11:42amI see Eric “The Red” Holder stepping in at any moment and declaring that all of Texas’ Electoral votes must go to Obama in 2012 in order to make up for past discrimination against “his” people.
Wait for it…….Wait for it……..
Report Post »sWampy
Posted on January 20, 2012 at 11:39amAll maps should be done by computer programs with race, income, gender, data completely absent. The only thing that should matter is voting age population, fair maps could easily be drawn.
Report Post »DavidInStLouis
Posted on January 20, 2012 at 11:45amTrue, race, etc. should NOT be a part of drawing voting district maps. It’s elemental. Sheesh.
Report Post »Spirit 72
Posted on January 20, 2012 at 11:49amTo both Swampy and DavidinStLouis;
Report Post »The reason we have race problems in this country is because we have race “requirements” for everything we do. It is divisive as can be! Leave race out of it altogether. Leave it out of the census, leave it out of everything and it will eventually get to the point where we are truly all “Americans”.
momrules
Posted on January 20, 2012 at 12:34pmSwampy…….what you are suggesting would be right and fair so it will never be done.
Report Post »sWampy
Posted on January 20, 2012 at 12:54pmI know, you remove inequity, and liberalism dies.
Report Post »MCDAVE
Posted on January 20, 2012 at 5:15pm@spirit72 is correct….
Report Post »AJAYW
Posted on January 20, 2012 at 11:35amWe need to be thankful for the Great Judge Thomas being on the court.
Report Post »ACLUHater
Posted on January 20, 2012 at 11:36amHa ha ha. The whites won one?
Report Post »hblarson
Posted on January 20, 2012 at 11:34amThat link should be MyFoxDFW.com as in Fox Dallas-Fort Worth.
Report Post »copatriots
Posted on January 20, 2012 at 11:32amPlease draw whatever map is necessary to re-assign SJL’s district. Thank you.
Report Post »