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Clean Elections Texas

Redistricting litigation update

Reform Austin shows that the state’s legal defense strategy against the various redistricting lawsuits is “You can’t sue us!”

Because of the clear racial gerrymandering, multiple groups are launching legal challenges under the Voting Rights Act. The state has now responded to the one being brought by the League of United Latin American Citizens (LULAC), Mi Familia Vota, the Mexican American Bar Association, and others, asking for a dismissal. Among many other claims, the state alleges that private citizens do not have standing to sue under Section 2 of the Voting Rights Act.

“The Supreme Court has never decided whether Section 2 contains an implied private cause of action,” reads the filing.

Section 2 of the Voting Rights Act makes it illegal to gerrymander a district for the purpose of suppressing voting power based on race. Strictly political gerrymandering was deemed acceptable in a 2019 Supreme Court case, but the two intentions are often intermingled. The majority of minorities tend to vote Democrat, making any political gerrymandering also racial almost by definition.

The filing by the state does admit that some legal opinions have implied that Section 2 does give private citizens standing to sue but says that these implications are inconsistent with other Supreme Court decisions. The case specifically cited is Alexander vs. Sandoval, which found that regulations enacted under the Civil Rights Act of 1964 did not confer the right to legal action in a case of non-intentional discrimination. The filing also claims that the Voting Rights Act did not actually create a right to vote in spite of the discrimination, and therefor there is no right to be contested under its statute.

Not a whole lot to say here, as Texas has employed a variation on that strategy in a whole host of lawsuit defenses lately. I don’t know what the district and appeals courts will make of that, but I wouldn’t be surprised to see it get a warm welcome at SCOTUS. Hey, have I mentioned lately that a new and updated federal voting rights law would be a good idea? Just checking.

Reading that article made me go Google news hunting for anything else I could find on redistricting litigation, since not all developments make their way into the sources I read regularly. In doing so I found that all but one of the existing federal cases against the redistricting maps have been consolidated into one, the LULAC v Texas case, as it was the first one filed. You can see all of the filings related to this omnibus case here. When I read the order combining the cases, the motion for which had been partially opposed, I learned that there were two other lawsuits that I had missed the first time around. Let me sum up here. The cases that I knew about that are now under this banner: The LULAC/MALDEF suit, the Voto Latino suit, the federal MALC suit, the Senator Powell lawsuit over SD10, and the Fair Maps Texas Action Committee lawsuit.

The cases that I missed the first time around: The Lawyers’ Committee for Civil Rights Under Law, representing the Texas State Conference of the NAACP, and Damon James Wilson, formerly an inmate in Dallas County, representing himself as he was counted in one Congressional district while incarcerated but intends to return to his actual domicile in another CD when released, and says he should have been counted in that district.

The one federal case that remains separate from the others is the Gutierrez/Eckhardt suit, which the court rejected for consolidation on the grounds that about whether the Lege was allowed to draw maps at all, and not about the composition of the new maps.

So, for those of you keeping score at home, we now have two federal lawsuits challenging different aspects of Texas redistricting, and one state lawsuit that focuses on the county line rule and how it was allegedly violated in Cameron County in the drawing on HDs 35 and 37. You’ll be quizzed on this at a later date, so please make sure you take good notes.

ACLU and others sue over new redistricting maps

The count is now seven.

Civil rights groups filed a federal lawsuit Tuesday challenging new Texas state legislative and congressional district plans as unconstitutional racial gerrymanders violating both the Voting Rights Act and the U.S. Constitution. The suit details an inadequate redistricting process that lacked transparency and led to discriminatory voting maps that dilute the political power of communities of color, particularly Black, Latino, and Asian American & Pacific Islander (AAPI) voters.

The Southern Coalition for Social Justice (SCSJ), the American Civil Liberties Union (ACLU) of Texas, and the Asian American Legal Defense and Education Fund (AALDEF), brought the case on behalf of the Fair Maps Texas Action Committee, OCA-Greater Houston, the North Texas Chapter of the Asian Pacific Islander Americans Public Affairs Association, Emgage and 13 individual plaintiffs in the United States District Court for the Western District of Texas, Austin Division.

“Texas’ latest gerrymanders seek to blunt the rightful political power of fast-growing populations of Latino, Black and Asian American and Pacific Islanders voters by carving up the chance to elect their preferred candidates to the United States Congress, the Texas House of Representatives, and the Texas Senate,” Allison Riggs, Co-Executive Director and Chief Counsel for Voting Rights with SCSJ. “This intentional discrimination of voters of color in clear violation of the VRA and U.S. Constitution cannot stand.”

The Fair Maps Texas Action Committee includes the ACLU of Texas, Clean Elections Texas, League of Women Voters of Texas, Our Vote Texas, National Council of Jewish Women-Greater Dallas Section, Texans Against Gerrymandering, and Common Cause Texas.

“Today, the Fair Maps Texas Action Committee is honored to join our partners from across the state to challenge the unconstitutional district maps recently passed by the State of Texas. Lawmakers have willfully ignored the rich diversity of our growing state and have instead chosen to draw maps that discriminate against voters of color,” said organizations from the Fair Maps Texas Action Committee in a joint statement today. “From the very start of this legislative process, we worked to bring diverse people together so that all marginalized communities receive fair representation. Despite our best efforts to advocate for a fair and open redistricting process, the politicians in charge chose to shut the public out in order to force through blatantly gerrymandered maps. Now, we will take action together to challenge these unlawful maps because our democracy is threatened.”

[…]

The complaint specifically seeks to remedy discriminatory districts in many of Texas’ fastest-growing cities and suburban areas, where the political power of communities of color is exploited to the benefit of more conservative white areas. For example, the lawsuit identifies how Texas’ state House maps unfairly crack AAPI voters in Fort Bend and Collin counties among multiple districts, while House Districts 54 and 55 in Bell County brazenly split the city of Killeen, where 40% of residents are Black. The complaint also focuses on state Senate and congressional maps where new districts in the Dallas-Fort Worth and Houston metros intentionally divide AAPI, Black, and Latino voters. The suit also points out that Texas’ congressional maps create two new majority-white districts in a state where 95% of population growth stems from communities of color.

That’s from the ACLU press release. I’d gotten an email with a notice of the video conference they had about this on Tuesday, but as of Wednesday the only news story I saw about this was this one in Newsweek. Sometimes these things take a couple of days for that. Anyway, you can see a copy of the complaint here. It is limited to Congress and the two legislative chambers, so no claims about the SBOE.

The other litigation so far includes the Gutierrez/Eckhardt suit, the LULAC/MALDEF suit, the Voto Latino suit, the two MALC suits, and most recently the Senator Powell lawsuit over SD10. All but one of the MALC lawsuits, which is specifically about State House districts in Cameron County and alleges a violation of the county rule, are in federal court. I believe this is the first one to include a focus on Asian-American voters, but I’d have to go back and take a closer look at the other complaints. Beyond that, I would be really excited to have an attorney who has some familiarity with the law in this area take a look at all these actions and tell me how they are different and whether any of it matters as far as the courts are concerned. Until then, this is what we know. Reform Austin, which also rounds up all the lawsuits, has more.