U.S. District Cour for the District of Columbia

  • August 29, 2012

    by Jeremy Leaming

    In its ruling yesterday rejecting several new Texas voting districts, a federal court in Washington, D.C. blasted the efforts of Texas lawmakers as seeking to suppress the vote of Latinos.

    Janell Ross for The Huffington Post noted that the federal court’s opinion provided a “sharply worded” and exhaustive account of “Texas officials’ plans to draw districts for four new congressional seats created by the state’s booming Latino population that were almost certain to elect Congress members preferred by white Republican voters. And it’s a ruling that should serve as a cautionary tale, according to voting rights advocates.”

    Nina Perales, vice president of litigation at the Mexican American Legal Defense Fund (MALDEF), told Ross, “For other states thinking of doing anything to dilute the [power] of their minority voters or their fast-growing minority populations, this not just a warning. This is a warning in the strongest terms.”

    Indeed as noted on this blog yesterday, the U.S. District Court for the District of Columbia found that Texas lawmakers failed badly in proving that their redistricting plans did not violate Sec. 5 of the Voting Rights Act of 1965. The act applies to states and localities with a history of discriminating against classes of voters, and requires those jurisdictions to get preclearance for redistricting from the Department of Justice or a federal court.

    In State of Texas v. U.S. the federal court said Texas failed to show that its new voting maps would not discriminate against voters on “account of race, color, or membership in a language minority group.”

    MALDEF, which intervened on behalf of Latino voters to challenge the state’s new voting schemes, said the federal court had found the state’s congressional plan was created with “discriminatory racial intent,” and its State House redistricting plan undercut “voting strength,” while the state Senate redistricting plan “was enacted with discriminatory racial intent.”

  • August 28, 2012

    by Jeremy Leaming

    Texas lawmakers’ plans to create new voting districts fail the parameters of the Voting Rights Act by discriminating against Latino voters, a federal court ruled today.

    Texas like a number of other states and localities must abide by the Voting Rights Act, which includes a section that requires those jurisdictions to receive preclearance for redistricting plans. The Voting Rights Act applies to states and localities that have a history of discriminating against classes of voters. Texas did not seek administrative preclearance and instead sought approval of the U.S. District Court for the District of Columbia.

    The federal government opposed preclearance for some of Texas’s redistricting plan, but the three-judge panel of the U.S. District Court concluded that none of the state’s redistricting plan “merits preclearance.” (Texas sought to create new voting districts for its congressional delegation and its State House of Representatives as well as for the Texas Senate.)

    In attaining preclearance Texas needed to prove that “its redistricting plans have neither the effect nor the purpose of abridging minority voting rights.” The federal court found that Texas whiffed on that requirement. Texas tried to persuade the federal court that precedent allows the state to use its own method to determine whether its new voting districts would harm minority voters. The federal panel said, the state “is entitled to advocate its preferred methods of measuring minority voting strength, as we address those arguments below, but we need not defer to a state’s legal theory on how best to measure minority voters’ ability to elect.”

    After meticulously going through the various plans for the new voting districts, the federal court concluded in State of Texas v. U.S. that Texas failed to prove that its U.S. congressional and State House plans would not undercut Hispanic voters, “and that the U.S .Congressional and State Senate Plans were not enacted with discriminatory purpose.” The state therefore failed to “carry its burden” in showing its proposed voting districts would not “have the purpose or effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group under section 5 of the Voting Rights Act.”