<x-flowed>And would the Republicans in Texas be doing so out of racial animus, or
out of animus against "black and Latino, as well as Anglo Democrats,
nationally as well as in Texas"? If the latter, is Section 5 the proper
remedy? In other words, if in fact it is partisan motive, rather than
racial motive, that animates packing reliably Democratic minority voters
into districts, is an anti-race discrimination statute justified as a
means for correction?
I ask these questions genuinely, not rhetorically.
Rick
J. Morgan Kousser wrote:
An interesting statement by Rep. Phil King, head of the TX House
Redistricting Committee in 2003, gives some sense of what the world
might be like without Section 5 of the VRA. In a deposition in
Session v. Perry, the TX re-redistricting case, he said that but for
Section 5, he'd have tried to draw a redistricting plan that would
have given the Republicans every one of Texas's congressional seats.
I doubt that that's possible, but he certainly could have reduced
Democratic seats by cramming more minorities into a smaller number of
districts if he hadn't had to satisfy Beer, Bossier I and II, etc.
This of course would hurt black and Latino, as well as Anglo
Democrats, nationally as well as in Texas.
Since a post-Stevens Court will take any remaining air out of Vieth,
and since Republicans can always apparently legally cover a racial
with a partisan motive under Section 2 and the 14th and 15th
Amendments -- see the evidence and opinions on the racial
discrimination issues in former congressional districts 23 and 24 in
Session v. Perry -- a failure to renew Section 5 will have quite
predictable consequences for African-American and Latino
representation: It will reduce it by encouraging Republicans to pack
minorities into as few districts as possible, which they can legalize
by claiming a partisan motive.
Vieth and the VRA really are connected.
Morgan
Prof. of History and Social Science, Caltech
snail mail: 228-77 Caltech, Pasadena, CA 91125
phone 626-395-4080
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to order Colorblind Injustice: http://uncpress.unc.edu/books/T-388.html
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