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Friday, January 20, 2012

The Supreme Court Rules on the Texas Redistricting

In a very significant decision released this morning, the Supreme Court overturned a decision by a lower court that imposed a court-drawn redistricting plan on the state of Texas. Every judge was in favor of throwing out the decision of the lower court; it was a strong victory for the rights of the people and a strong rebuke to runaway courts that seek to replace the decisions of the legislature with their own decisions.

The opinion of the Supreme Court involves some arcane issues that come up in connection with redistricting. All that one needs to know, however, is this: Texas had a major population increase during the period 2000 - 2010. As a result, the districts for the Texas Legislature and the Texas congressional delegation had to be redrawn. The Texas Legislature drew a new district map. Under the Voting Rights Act, that map had to be approved by a federal court before going into effect. That review is ongoing, but it may not be completed in time for the 2012 election. Some local groups brought suit in federal court in Texas to overturn the new map and that action is also pending. In order to have a district plan in place for the November election, the district court drew its own plan and ordered the state to use that plan. Texas appealed that decision.

The Supreme Court ruled for Texas in the appeal. It held that the district court could not just substitute its own judgment for that of the Texas Legislature. Indeed, to the extent that the Legislature's map was not clearly improper, the court is required to follow it.

It is nice to see a unanimous court strike down this attempt by a federal judge to put himself atop the pyramid of decision making. The legislature is elected by the people to do the people's business; their actions are entitled to the highest respect.

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