High court's remap case crucial to Texas; Justices weigh
Pennsylvania gerrymandering
PATTY REINERT, Houston Chronicle Washington Bureau
WASHINGTON - The Supreme Court Wednesday considered whether to rewrite the rules
for redrawing congressional districts in a case that could have a dramatic
impact on Texas' redistricting fight as it heads to court in Austin today.
Paul Smith, arguing for Democratic voters challenging a new congressional map in
Pennsylvania, asked the high court to limit gerrymandering, a practice in which
district lines are redrawn to overwhelmingly favor one party.
Smith also is fighting that battle for Democrats in Texas whose representatives
earlier this year fled the state twice as Republican lawmakers worked to pass a
redistricting plan that would give the GOP a majority in the state's
congressional delegation.
Unlike the Pennsylvania case, however, the Texas Democrats also have alleged
racial gerrymandering, accusing Republicans of trying to dilute the voting
strength of Hispanics and blacks in violation of constitutional and federal
Voting Rights Act protections.
Republicans counter that any impact on minority voters in Texas is
unintentional. The state Legislature's goal, they say, was not to exclude
minorities or diminish their voting power, which would be illegal, but merely to
create a map favorable to Republicans, which is legal.
Smith said a three-judge federal court in Austin will be asked to halt the
implementation of the new Texas map until the high court offers guidance in the
Pennsylvania case. The old map would then be in place in the 2004 elections.
Failing that, he said, Texas Democrats intend to take their case to the Supreme
Court as well - possibly by the end of the year. If Republicans lose in Texas,
they also could go directly to the high court.
States are required to redraw district boundaries to reflect population changes
after every census. Over the years, that process has become more political, and
those drawing the lines have used increasingly sophisticated computer models to
track voter registration and actual voting patterns down to certain city blocks
and houses.
Republicans currently have a 23-vote margin in Congress, and in states like
Pennsylvania and Texas, they have redrawn district maps in a way that could lock
in that control of Congress for years to come - even if Democrats eventually
regain majority status in their home states.
"The House of Representatives is supposed to be the mirror of the people," Smith
told the justices. " . . . This is like saying a Republican vote is worth more
than a Democratic vote."
But lawyers for the state of Pennsylvania argued that political motivation is
inherent in drawing district lines for elections and that is perfectly legal.
"Frankly, we don't have a problem with that," said Bart DeLone, a deputy
attorney general who argued for the state's Republican leaders. So long as
voters aren't shut out of the political process, he said, the courts should stay
out of the fight.
In 1986 the high court ruled partisan gerrymandering could be challenged in
court. But the justices did not give clear guidance on how lower courts should
decide the cases.
This time the justices could rein in partisan gerrymandering or it could rule in
the other extreme, finding that courts have no role at all in such fights.
On Wednesday, Chief Justice William Rehnquist and Justices Antonin Scalia and
Sandra Day O'Connor appeared to be leaning toward the latter option.
"Maybe the way to go is to say, 'Hands off,' " O'Connor said.
But Justice John Paul Stevens appeared to side with the Democrats in the case,
suggesting that the court should rein in partisan gerrymandering by rewriting
the rules to focus on the intentions of those redrawing the maps.