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Supreme Court Hears TX Case Today; Could Impact Nat'l Voting Rights Act

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Monday, January 9, 2012   

DALLAS - The Supreme Court of the United States joins the Texas redistricting battle today, and a decision could affect national voting rules that have been in place since 1965.

States such as Texas with histories of voter discrimination need federal approval before changing election procedures that might affect minorities. However, the high court could be on the verge of undercutting the "pre-clearance" requirements of the Voting Rights Act, according to such election-law specialists as Dallas attorney Michael Li, who is an expert on redistricting matters. He points to a growing chorus of critics who believe some provisions are no longer necessary.

"There is an effort around the country to roll back the pre-clearance requirements and, if that happens, it has a huge impact on everything; voter ID laws, voter registration laws, all kinds of things no longer would have to be approved before they could go into effect."

Last summer's legislative efforts to redraw Texas congressional and state-house district boundaries have not yet been approved because of concern that the maps don't adequately account for minority population gains. As that fight heads to trial, the state wants the Supreme Court to allow the new maps to be used in this year's elections, instead of interim maps drawn by federal judges in San Antonio.

Lawyer Li says it would be precedent-setting if the state gets its way, removing the teeth from the pre-clearance section of the Voting Rights Act.

"The argument is that Section Five says what it means and meant what it said, which is that you can't put anything into effect until it's been pre-cleared by the Justice Department or by a court in Washington, and that hasn't happened yet."

Critics of Section Five of the Voting Rights Act say it's not fair to single out some states because of past discrimination, but supporters counter that contentious redistricting efforts in states like Texas prove there's still a problem. The Legislature's plan did not increase the number of so-called "minority opportunity districts," even though blacks and Hispanics account for nearly 90 percent of Texas growth, based on the last census.

Some high-court justices have already signaled an interest in reexamining the Voting Rights Act, and it's possible the Texas case could be the vehicle for a broad review. Li doesn't think that's likely, given the need to shore up the 2012 election maps soon, but he says it would be a big deal if Section Five were deemed unconstitutional.

"That would be earth-shattering, because something that has been relied upon by minority groups for decades now to protect them would be gone."

Other possible outcomes? The Supreme Court could instruct the San Antonio court to redraw its interim maps to be more in line with the Legislature's plan. Or, the high court could say the lower-court maps should be used as is, until the fate of the legislative maps is settled.

You can follow latest redistricting developments at txredistricting.org




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