Court strikes down interim redistricting maps

The controversy over Texas' redistricting maps took another twist on Friday when the U.S. Supreme Court threw out the maps drawn at federal court in San Antonio. The drawn-out saga has already resulted in the state primary being moved from March 6 to April 3.

The action was a win for Texas Attorney General Greg Abbott, who challenged the maps, saying the San Antonio court improperly disregarded the will of the Texas Legislature when it came up with the interim maps.

"The Supreme Court confirmed that the San Antonio court drew illegal maps without regard for the policy decisions of elected leaders," Abbott said in a released statement. "As the justices point out, courts are ill-suited to make policy judgments, and redistricting is primarily the responsibility of the state."

Courts became involved in the redistricting process because the legislative-drawn maps did not receive preclearance by the Justice Department or the federal court in Washington, D.C., as required by the Voting Rights Act of 1965. The state was also sued by a number of civil rights groups who said the maps discriminated against minority voters.

In its ruling, the Supreme Court said "sweeping changes" are needed to the state's current districts because of population growth. However, the court ruled the San Antonio court overreached its bounds when it drew up the interim maps.

"Because the district court here had the benefit of a recently enacted plan to assist it, the court had neither the need nor the license to cast aside that vital aid," the court wrote in its decision. "The state plan serves as a starting point for the district court. It provides important guidance that helps ensure that the district court appropriately confines itself to drawing interim maps that comply with the Constitution and the Voting Rights Act, without displacing legitimate state policy judgments with the court's own preferences."

In a concurring opinion, Justice Clarence Thomas said the case should be sent back the San Antonio court for further rulings.

"Although Texas' new plans are being challenged on the grounds that they violate the Federal Constitution and the Voting Rights Act, they have not yet been found to violate any law," Thomas wrote. "Accordingly, Texas' duly enacted redistricting plans should govern the upcoming elections. I would therefore vacate the interim orders and remand for the United States District Court for the Western District of Texas to consider appellees' constitutional and [Voting Rights Act] challenges in the ordinary course."

After the court's ruling, the Texas Democratic Party said they still believe the state-drawn maps should be ruled illegal and are awaiting further court action.

"The Supreme Court did not strike down the interim maps," said party spokesman Anthony Gutierrez. "The issues they had pertained to the process by which the court arrived at new maps, not necessarily the maps themselves. ... What is clear is that the state's original maps have been found to be discriminatory in some way by every court which has examined them. ... The Supreme Court did not approve the state's maps and we don't expect they ever will."

The state Republican Party said it was pleased with the court's decision.

"The opinion stated very clearly that the Legislature's intent and judgment is an important consideration and 'starting point' in the process of judicially redrawing maps and that the Legislature's intent should not be overlooked," said party chairman Steve Munisteri. "I am hopeful that the Western District three-judge panel will issue new maps in time for us to maintain our current April 3rd primary. Until the panel issues new orders, we will not know how many legislative districts will likely be Republican and how many will be Democrat. Thus, any conclusion as to the overall result of today's ruling by the Supreme Court will have to be withheld until that time."

While no date has been set for the approval of new maps to allow the state primaries to take place as planned, Abbott said the swift action by the Supreme Court "will allow Texas to move forward with elections as soon as possible, under maps that are lawful."

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