Sunday, January 22, 2012

Supreme Court throws out judge drawn district map

The saga that is Texas' districting plan continues. From the Washington Post:

The Supreme Court on Friday set aside court-drawn redistricting plans for Texas that were favored by minorities and Democrats, saying the lower court “exceeded its mission” by not deferring to maps drawn by the state legislature.

In an unsigned opinion that drew no dissents, the justices said a legislature’s reapportionment plan should be the “starting point” for judges who are called upon to draw maps when there are constitutional challenges. . .

. . . The Supreme Court’s opinion was the first round in a series of looming challenges in which the justices are likely to be asked to referee battles over redistricting, the application of the Voting Rights Act of 1964 and the Obama administration’s vow to police voter law changes enacted by Republican-dominated state legislatures.



The Supreme Court decision can be found here. The San Antonio court has to redraw the map, which means that it is likely that Texas' primary - which has already been postponed until April - will be postponed further until June. Commentators point out that Clarence Thomas authored a concurring opinion arguing that the requirement that Texas' district maps be pre-cleared - based in the Voting Rights Act - is unconstitutional. No one else signed along.