When Republicans took control of the State House in Texas, an effort led by Congressman Tom Delay began to redistrict the state which would effect House representation at the Federal level. Democrast were upset and at one time even staged a walk-out to delay voting on the redistricting plan. They claimed, of course, that what the Republicans were doing amounted to gerrymandering. They felt that the Republicans were trying make district boundaries that were illogical and designed soley to increase Republican power in the state.
It seems that Democrats were projecting on to the Republicans their own motives.
In crafting his majority opinion for the Supreme Court of the United States in the case of League of United Latin American Citizens v. Perry, Justice Kennedy recounted the history of the Texas redistricting plan.
The 1990 census resulted in a 30-seat congressional delegation for
Texas, an increase of 3 seats over the 27 representatives allotted to
the State in the decade before....In 1991 the Texas Legislature drew new district lines. At the time, the
Democratic Party controlled both houses in the state legislature, the
governorship, and 19 of the State's 27 seats in Congress....In the previous 30 years the Democratic Party's post-Reconstruction
dominance over the Republican Party had eroded, and by 1990 the
Republicans received 47% of the statewide vote, while the Democrats
received 51%...
Faced with a Republican opposition that could be moving toward majority
status, the state legislature drew a congressional redistricting plan
designed to favor Democratic candidates. Using then-emerging computer
technology to draw district lines with artful precision, the
legislature enacted a plan later described as the "shrewdest
gerrymander of the 1990s....Although the 1991 plan was enacted by the state legislature, Democratic
Congressman Martin Frost was acknowledged as its architect....The 1991 plan "carefully constructs democratic districts 'with
incredibly convoluted lines' and packs 'heavily Republican' suburban
areas into just a few districts."
...The 1991 plan realized the hopes of Democrats and the fears of
Republicans with respect to the composition of the Texas congressional
delegation. The 1990's were years of continued growth for the Texas
Republican Party, and by the end of the decade it was sweeping
elections for statewide office. Nevertheless, despite carrying 59% of
the vote in statewide elections in 2000, the Republicans only won 13
congressional seats to the Democrats' 17.
Despite this, in 2003 Republicans controlled both houses in Texas and proceeded to redistrict in order to destroy the computer-generated advantage of the Democrats.
The Republicans in the legislature "set out to increase their representation in the congressional delegation."...After a protracted partisan struggle, during which Democratic
legislators left the State for a time to frustrate quorum requirements,
the legislature enacted a new congressional districting map in October
2003. It is called Plan 1374C. The 2004 congressional elections did not
disappoint the plan's drafters. Republicans won 21 seats to the
Democrats' 11, while also obtaining 58% of the vote in statewide races
against the Democrats' 41%.
Democrats howled that the new districting was gerrymandered (as opposed to what they had done with their computer generated model)
...compared to the map challenged in Vieth, which led to a
Republican majority in the congressional delegation despite a
Democratic majority in the statewide vote, Plan 1374C can be seen as
making the party balance more congruent to statewide party power. To be
sure, there is no constitutional requirement of proportional
representation, and equating a party's statewide share of the vote with
its portion of the congressional delegation is a rough measure at best.
Nevertheless, a congressional plan that more closely reflects the
distribution of state party power seems a less likely vehicle for
partisan discrimination than one that entrenches an electoral minority....By this measure, Plan 1374C can be seen as fairer than the plan that survived in Vieth and the two previous Texas plans--all three of which would pass the modified sole-intent test that Plan 1374C would fail. (emphasis mine)
There is little doubt that this Supreme Court decision is bad news for Democrats. Some editorials analyzing this opinion try to take the sting out of what is not only a political defeat for the Democrats, but an embarrasing ethical reprimand. Take the Boston globe, for example which wrote in an editorial called "Texas Massacre":
FOR THE SECOND TIME this week, a splintered US Supreme Court yesterday
made America a little more partisan, a little less democratic....The court yesterday agreed that the motive was purely political, and
that the Republican mapmakers had drawn several long, narrow districts
that look like bent straws to achieve their aims, making a mockery of
the compactness that is a recognized goal of redistricting.
Now the first thing about this is that I could not find the words "bent straw" anywhere in the decision, but geeze, if the Texas plan under review makes "a mockery of
the compactness that is a recognized goal of redistricting", what perjoratives could they have used for the previous plan given that Justice Kennedy called this plan fairer than the last one?
As part of the effort to villify Tom Delay, Democrats have been invested in portraying the Republican Texas redistricting plan as being patently unfair and partisan.
The Court, however, found that the very opposite is true.
UPDATE: Kos tries to use the same rhetorical Judo as the Boston Globe
Richardson could earn lots of netroots and grassroots brownie points by
pushing for redistricting in his state. New Jersey and New York could
yield a treasure trove of new Dem-leaning seats. And Illinois, while it
has passed on such redistricting in the past, could hopefully be
prodded to redraw its maps.
We didn't make the rules. Tom DeLay and the Republicans did. We're playing in their world.
And then, once the absurdity of partisan gerrymandering is seen by all,
we can work toward a system of non-partisan redistricting. Ultimately,
that's what's best for democracy.
But that won't happen until we sweep the Republicans out of power.
Well, I pretty sure we don't want to use Kos' computer-generated districts either.
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