June 19, 2006

The complexity of the Texas redistricting case....

Which may or may not come down today. Scotusblog notes three issues beyond the mid-decade redistricting problem that's gotten all the attention:
1. Constitutional Constraints on Racial/Ethnic Redistricting....

2. The Voting Rights Act in Today’s World of Multi-Racial and Ethnic Demographics....

3. Is Partisan Gerrymandering Unconstitutional at the Retail Level Even If Not At the Wholesale Level?
These issues are very complex, but that doesn't guarantee that the Court won't find some simple answers.

1 comment:

Richard Fagin said...

The difficulty with deciding what level of court intervention in partisan gerrymandering is reasonable is that voting patterns of one historically disenfranchised miniority have such a strong correlation with one party. Partisan gerrymandering almost per se invokes racial discrimination.

Having said that, it was hard to understand a 17-15 Democrat majority in the Texas delegation to the House (prior to redistricting) when every single elective statewide office in Texas is held by a Republican. It is clear the current redistricting litigation and the indictment of Tom Delay for conduct that was not witin a criminal statute at the time the acts took place are partisan payback.