Private: Guest Blogger: 2003 Texas Redistricting Unlawfully Denies Latinos Representation

by Nina Perales, MALDEF Southwest Regional Counsel
Today the U.S. Supreme Court heard GI Forum v. Perry, a case that has extraordinary implications for the right of all Americans - and particularly those in minority communities - to meaningfully participate in the our nation's fragile democracy.
In 2003, the Texas Legislature redrew the state's congressional district boundaries and effectively denied Latinos the right to choose the legislators of their choice, consistent with the mandates of the landmark Voting Rights Act. Immediately thereafter the GI Forum of Texas, represented by the Mexican American Legal Defense and Educational Fund, (MALDEF) along with African American voters, congressional incumbents, and voters filed separate lawsuits challenging the map.
It is clear that the map dilutes the votes of Latinos in Texas, characterized by the plan's complete fracturing of Webb County (which has the highest concentration of Latinos of any county with a population of 100,000 or more) to dismantle a Latino opportunity district and control election results in favor of reelecting an incumbent. The legislature failed to draw seven Latino-majority districts, limiting the number of minority-majority districts in South Texas to six. This division of a Latino opportunity district was motivated by race, not partisanship, and was therefore unconstitutional.
The GI Forum and MALDEF are challenging this map because no state has the right to manipulate congressional districts as a means to deny any American, or group of Americans, the right to elect their candidate of choice. Voting is the fundamental basis of democracy and crucial in achieving the American dream. The Texas Legislature examined how Latinos voted, then dismantled our districts and systematically diluted our vote.
A three-judge panel heard this case and split 2-1 in favor of upholding the legislative plan to redraw the congressional maps. The dissenting judge wrote exclusively on the GI Forum's claims. MALDEF appealed the district court's decision to the United States Supreme Court, and on December 12, 2005 the Court noted probable jurisdiction in MALDEF's appeal, along with three other parties challenging the map.
Today, March 1st, Nina Perales, MALDEF Southwest Regional Counsel argued this case before the United States' Supreme Court.
MALDEF holds that: