In a unsigned order, the nation's top court has allowed Texas to use a redrawn congressional boundary scheme that is projected to include up to five additional Republican-leaning districts. The 6-3 decision, handed down on Thursday, approves a request by the state to lift a district court's block that had invalidated the new map in November.
The district court erroneously placed itself into an ongoing primary campaign, generating considerable confusion and disrupting the delicate equilibrium in elections, the order stated in detailing its decision.
That lower court had earlier ruled that Texas had likely classified voters according to their race – a practice known as racial gerrymandering – when it passed the new maps. It had instructed the state to employ the districts established after the most recent national count for the next year's election.
In a forcefully written dissenting opinion, Justice Elena Kagan took issue with the court's action. She argued that it disregarded the work of the district court, noting that its opinion was crafted by a judge nominated by former President Donald Trump.
We are a higher court than the district court, but we are not a better one when it comes to making such a fact-based decision, Kagan stated in a opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.
She continued, This court's stay solidifies that Texas's new map, with all its enhanced political tilt, will dictate next year's elections. And it means that many Texas residents, unjustly, will be placed in electoral districts based on their race. And that result, as this court has declared year in and year out, is a breach of the law of the land.
The court's action is part of a national battle over the redistricting of electoral maps. Texas is a key piece in campaigns to alter the U.S. House map to protect a slim Republican control. Ordinarily, redistricting happens after a new decade's census. Yet the decision by Texas Republicans to proceed with a brazen off-cycle redistricting earlier in the summer sparked a series of events among other states.
Conservative legislators in states like North Carolina and Missouri have also approved new maps that are estimated to yield a number of additional Republican-leaning seats. The opposition, meanwhile, have responded with their own plans in states like California and Virginia, which are intended to balance those projected gains.
The Texas attorney general praised the High Court's decision. In a comment, he said the order protected Texas's fundamental right to draw a map that secures representation favorable to the GOP. Texas is paving the way as we take our country back, district by district, state by state, he stated.
In contrast, opposition party officials decried the decision. It is deeply disheartening that the Court has endorsed this severely racially gerrymandered plan from Texas Republicans, said the head of a major Democratic campaign committee.
Another leading Democratic figure argued the court had another time damaged its credibility by approving a race-based map. The ruling demonstrates a willingness to subvert democracy. This Texas plan is a partisan, racially biased scheme to undermine voter will, especially in communities of color, he concluded.
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