O.K., so can we just admit that when it comes to redistricting – the processby which politicians define the legislative branch of the federal government– there are few if any limits on partisan power grabs?
That certainly seems to be the signal from the U.S. Supreme Court, which hasruled that disgraced former House Majority Leader Tom DeLay and his henchmenin the Texas legislature were fully within their rights to radically alterthe maps of the state’s U.S. House districts in order to solidify Republicancontrol of the U.S. House of Representatives.
The redistricting of congressional districts – a process traditionallycarried out once every ten years by state legislators, who are supposed touse fresh Census data to assure that all of state’s districts have similarpopulations – is the single most powerful tool by which the make up of theU.S. House of Representatives is determined. By gerrymandering districts togive advantages to incumbents from one party or another, legislators haveover the years made most House elections irrelevant. Even a well-fundedchallenger with the issues on his or her side cannot upset an incumbent whohas been given a district with favorable lines. As a result, in any givenelection year, only a few dozen of the nation’s 435 House districts seecompetitive contests.
As bad as the circumstance was, in 2003, DeLay made things dramaticallyworse. After using his national contacts to raise the money to putRepublicans in charge of the state legislature in 2002, he had his allies inAustin radically redraw the state’s congressional map with the expresspurpose of defeating Democratic incumbents and electing more Republicans.
It worked. Republicans picked up six Texas congressional seats in 2004.
Democrats challenged the redistricting, but the court’s ruling has placed astamp of approval on DeLay’s map – with one minor objection – and assuredthat the gains Republican gains engineered by DeLay will be retained.
But the importance of the 7-2 Supreme Court decision issued Wednesday goes far beyond Texas.
Three dangerous precedents have been set:
• The court has stated that the map DeLay’s produced did not represent an”unconstitutional political gerrymander” of the state’s district lines.Since it would be difficult to imagine a more politically-motivated map, thecourt has effectively said that partisans can draw maps that suit theirpolitical purposes without fear of intervention or objection by the courts.While some analysts interpret a line from a previous court ruling assuggesting that critics of a redistricting map could come up with a”reliable standard” for challenging a map, if such a standard could not beapplied to the DeLay map it is hard to say where it would ever be viable.