Huge ruling: federal court finds Texas Congressional districts intentionally discriminated against b

[riversedge]

one step forward.




Ari Berman‏ Verified account @AriBerman 12h12 hours ago

Huge ruling: federal court finds Texas Congressional districts intentionally discriminated against blacks & Latinos http://electionlawblog.org/?p=91545 pic.twitter.com/Wpo8Eoc7yH

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http://electionlawblog.org/?p=91545




Breaking: District Court, Splitting 2-1, Finds Some Texas Congressional Districts Violate Voting Rights Act or Constitution


Posted on March 10, 2017 8:03 pm by Rick Hasen

The long awaited lengthy opinion on the congressional plan, with a dissent by Judge Smith, is here. The numerous findings of fact and conclusions of law are here. (The court has not released findings yet on the state House challenge). If this stands at the Supreme Court it could lead to the creation of more Texas minority opportunity districts.

I will have a fuller analysis once I have read all these pages. But for now, here’s a taste.

From the majority opinion:

Plaintiffs have established a § 2 violation, both in terms of intent and effect, in South/West Texas. Plaintiffs have shown that seven compact majority-HCVAP districts could and should be drawn there that would substantially address the § 2 rights of Hispanic voters in South/West Texas, including Nueces County. Defendants’ decision to place Nueces County Hispanic voters in an Anglo district had the effect and was intended to dilute their opportunity to elect their candidate of choice.

Meanwhile, race predominated in the drawing of CD35, and Defendants’ decision to place majority- in Travis County was not to comply with the VRA but to minimize the number of Democrat districts in the plan overall. Plaintiffs have established a Shaw-type equal protection violation with regard to CD35. Plaintiffs also establish a Shaw-type equal protection violation with regard to CD23. In addition, Defendants’ manipulation of Latino voter turnout and cohesion in CD23 denied Latino voters equal opportunity and had the intent and effect of diluting Latino voter opportunity. Nueces County Hispanics and Hispanic voters in CD23 have proved their § 2 results and intentional vote dilution claims. The configurations of CD23, CD27, and CD35 in Plan C185 are therefore invalid.........................