NY Times Opposes Texas
Gerrymandering
NY Times
Editoral Board
December 14, 2005
The Supreme Court agreed this week to review Texas' 2003 Congressional
redistricting, which added five Republicans to the state's delegation. The
plan, engineered by the former House majority leader Tom DeLay, is rightly
being challenged as partisan and discriminatory against minority voters. It is
encouraging that the court has decided to step in.
Mr. DeLay's 2003 redrawing of Texas' Congressional district lines threw
aside the longstanding tradition that new lines are drawn only every 10 years,
after the census. The purpose of this heavy-handed line-drawing was purely to
increase the number of Republican districts. It worked. The number of
Republicans in the delegation went to 21 from 16, helping to entrench Mr. DeLay
as majority leader.
The Supreme Court expressed reluctance last year, in a case challenging
Pennsylvania's Congressional district boundaries, to second-guess partisan
redistricting. But Justice Anthony Kennedy, who provided the crucial fifth vote
against allowing the case to proceed, wrote separately to say that the court
might act differently in a future redistricting case if "workable standards"
could be found. The extraordinarily bare-knuckled Texas redistricting provides
another chance to develop such standards. The vote of Chief Justice John
Roberts, whose views on partisan redistricting are not known, could also be
pivotal.
The Texas case also raises unusually strong claims that the voting strength
of minority voters was illegally diluted. According to a recently uncovered
memo, the eight career Justice Department employees assigned to review the plan
in 2003 unanimously concluded that it violated the Voting Rights Act. But
political appointees at Justice overruled their objections and approved it
anyway.
This case's impact is likely to be felt far beyond Texas. If Texas' district
lines are upheld, legislators in other states will have a green light to ignore
voters, and the Voting Rights Act, and draw lines for partisan advantage. The
founding fathers intended the House of Representatives to be the body of
government closest to the people. But the House has become increasingly
insulated from the voters because of gerrymandering that protects incumbents,
reserves seats for particular parties and makes contested elections a
rarity.
The Supreme Court now has a chance to reverse this trend and uphold the
right to cast ballots where they can make a difference.
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