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The 2003 Texas redistricting refers to a highly controversial congressional redistricting plan appealed to the United States Supreme Court in League of United Latin American Citizens v. Perry. On June 28, 2006, the Supreme Court upheld the statewide redistricting as Constitutional, but struck down Congressional District 23 as racial gerrymandering in violation of Section 2 of the Voting Rights Act.

Contents 1 Overview 2 2000-2001 evolution and DeLay's role 3 Controversial Fortson email and 2002-03 developments 4 Justice Department involvement 5 Criticism of the plan 6 2006 Supreme Court review 7 See also 8 References 9 External links

After Republicans won control of the Texas state legislature in 2002, for the first time in 130 years, they set their sights on establishing a majority of House of Representatives seats held by their party. After the 2002 election, Democrats had a 17-15 edge in House seats representing Texas, although the state's voters voted for Republicans in congressional races by an 18-14 margin.[1]. After a protracted partisan struggle, the legislature enacted a new congressional districting map, Plan 1374C. In the 2004 congressional elections, Republicans won 21 seats to the Democrats' 11. [2] In 2006 Republicans won 19 seats, and Democrats won 13. [3]

The resulting redistricting effort was extremely controversial, particularly because of the role played by Tom DeLay. On June 28, 2006, the Supreme Court of the United States issued an opinion that threw out portions of the redistricting, requiring lawmakers to adjust boundaries to conform with the Court's decision, though the ruling did not immediately threaten Republican gains as a result of the redistricting. [4].

Redistricting in Texas was traditionally done once every ten years, soon after the National Census. A redistricting occurred in 1991, when the Democrats held both the governor's seat (with Ann Richards) and a legislative majority. By 2000, Republican George W. Bush was governor, with Republican Rick Perry as his lieutenant governor.

Around this time, Texas Representative Tom DeLay organized Texans for a Republican Majority (TRMPAC) and Americans for a Republican Majority (ARMPAC), an organization designed to gather campaign funds for Republican candidates throughout Texas. Simultaneously, as has been well documented in the media, DeLay played a key role in the ongoing Texas redistricting effort.

An article in the March 6, 2006, issue of The New Yorker magazine, written by Jeffrey Toobin, quoted Texas's junior Republican Senator John Cornyn as saying, "Everybody who knows Tom knows that he's a fighter and a competitor, and he saw an opportunity to help the Republicans stay in power in Washington."[5] Toobin also noted that DeLay left Washington and returned to Texas to oversee the project while final voting was underway in the state legislature, and that "several times during the long days of negotiating sessions, DeLay personally shuttled proposed maps among House and Senate offices in Austin."

Texas Monthly editor Paul Burka, writing in the magazine's May 2006 issue, labelled the measure as "DeLay’s midcensus congressional redistricting plan" and stated "in order to increase his Republican majority in Congress, he [DeLay] resorted to a midcensus redistricting plan."[6]

Emails from Joby Fortson, a former Republican congressional aide, who has been described as an ally of DeLay,[7] stated as follows: "This has a real national impact that should assure that Republicans keep the House no matter the national mood," as noted in one Fortson email sent to congressional aides, according to the Washington Post.[8][9][10][11]

After the 2000 elections, however, Democrats maintained their majority in the Texas legislature. In 2001, the Democrats and Republicans were unable to agree on a new district map to correspond with the 2000 census. Per state law, under these circumstances, the matter could be submitted to a panel of judges. The Republican minority recommended this solution. Accordingly, the matter was forwarded for this type of review, and the judges drew a new map, which still established a Democratic majority.

In 2002, a Republican majority was elected to the state legislature. Under the encouragement of Tom DeLay, Governor Rick Perry and the Republican majority tried to make redistricting a major issue during the 2003 legislative session. By the end of the term, however, the issue had not been settled. As a result, Perry called for special summer sessions.

In summer 2003, the state legislature attempted once more to reapportion the state's congressional districts. Democratic party members from the two state houses, lacking the votes to defeat the redistricting plan, fled the state for nearby Oklahoma and New Mexico. In doing so, the 53 members made it impossible for a quorum to exist, thus blocking the redistricting efforts.

In December 2005, the Washington Post reported, "Justice Department lawyers concluded that the landmark Texas congressional redistricting plan spearheaded by Rep. Tom DeLay violated the Voting Rights Act, according to a previously undisclosed memo" uncovered by the newspaper.[12] The document, endorsed by six Justice Department attorneys, said "the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts."

"The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect," the memo noted. The article also stated that Justice Department lawyers "found that Republican lawmakers and state officials who helped craft the proposal were aware it posed a high risk of being ruled discriminatory compared with other options." Nonetheless, Texas legislators proceeded with the new plan "because it would maximize the number of Republican federal lawmakers in the state," the Post said about the document.

Democrats criticized the 2003 redistricting effort, citing the lack of precedent for redistricting twice in a decade, considering it had already been done in 2002, and argued that it was being done for purely political gain and was therefore gerrymandering. Statements by some Republicans lent support to this claim, since many publicly stated their expectations of picking up several Republican seats. Some minority groups argued the plan was unconstitutional, as it would dilute their influence and possibly violate the "one-person-one-vote" principle of redistricting. Republicans counterargued, however, that since most voters in the state were Republicans, it was appropriate that the party have a majority in the federal legislative delegation.

The results of the 2004 elections brought Texas Republicans a majority of House seats by a 21-11 margin. The state voted for the Republican presidential candidate by a margin of 61-38, which led the party to claim that the problem of unfair representation in Texas had been remedied.

The Supreme Court of the United States issued an opinion on the case in League of United Latin American Citizens v. Perry on June 28, 2006. While the Court said states are free to redistrict however often they like, the justices invalidated Texas's District 23, citing a Section 2 violation of the Voting Rights Act. This decision will require lawmakers to adjust boundaries in line with the Court's ruling.[13]

On June 29, 2006, a U. S. District Judge as part of a three judge panel, under an order from the U. S. Court of Appeals, overseeing the redistricting ordered that both sides should submit proposed maps by July 14, respond to their opponents' maps by July 21, and that oral arguments will occur on August 3.[14]

• Call of the house
• Gerrymandering
• Texas Eleven
• Texas Five

• "Drawing the Line -- Will Tom Delay's Redistricting in Texas Cost Him His Seat?" by Jeffrey Toobin, The New Yorker magazine, March 6, 2006, pp. 32-37.
• "Mess With Texas—the Supreme Court Has Another Look at Partisan Gerrymanders", by Dahlia Lithwick, Slate, March 1, 2006.
• "Evidence of Political Manipulation at the Justice Department: How Tom DeLay's Redistricting Plan Avoided Voting Rights Act Disapproval", by Mark Posner, FindLaw.com Legal News, December 6, 2005.
• "Justice Staff Saw Texas Districting As Illegal", Washington Post, December 2, 2005, page A01
• "Republicans enlisted Department of Homeland Security in Texas political fight", WSW News, May 17, 2003.

• Northwestern University overview on pending Supreme Court case, with extensive further links
• United States Supreme Court oral argument transcript in pending case
• Texas Redistricting U.S. Supreme Court Cases Resource Center
• Current Texas election districts
• United States District Court decision in pending litigation