How You Draw The Districts Determines The Vote

On Friday, The Daily Signal posted an article about a recent decision by the 5th Circuit U.S. Court of Appeals regarding voting districts. There was a county is Texas where a voting district was carved out specifically to make sure a minority-race Democrat would be elected. The Court ruled that was not acceptable.

The article reports:

In Petteway v. Galveston County, the full appeals court concluded that Section 2 of the Voting Rights Act does not protect or “authorize coalition claims, either expressly or by implication.” Coalition districts are districts in which no single minority group constitutes a majority of the voters. Instead, in those districts, there is a combination of different minority racial, ethnic, or language groups that make up a majority of voters. 

The citizen population of Galveston County is 58% white, 22.5% Hispanic, and 12.5% black. Although the black population is concentrated in the center of the county, the Hispanic population is evenly dispersed throughout. The county commission consists of five seats: four elected from specific districts and one elected at-large. Neither the black nor the Hispanic population of Galveston County is large enough and concentrated enough to draw a single commission district in which either group constitutes a majority of the voters in that particular district.

As a result, in 1991, the county drew one coalition district that combined the black and Hispanic population in one district, which was represented by a black Democrat as of 2021. The other seats were all held by Republicans, including a black Republican. However, in the 2021 redistricting, the county eliminated the coalition district, which had a black citizen population of 31% and a Hispanic citizen population of 24%. 

The NAACP and the Justice Department led by Attorney General Merrick Garland, along with a number of individual plaintiffs, sued Galveston claiming that this was a violation of federal law because coalition districts are required by Section 2 of the Voting Rights Act. 

This case is not the only one involving coalition districts. Please follow the link to the article for further details.

Gerrymandering In America

Gerrymandering is an American tradition (I didn’t say it was a good tradition–I just said it was a tradition).

According to Wikipedia (which I don’t generally recommend as a source):

The term gerrymandering is named after American politician Elbridge Gerry,[a][6] Vice President of the United States at the time of his death, who, as Governor of Massachusetts in 1812, signed a bill that created a partisan district in the Boston area that was compared to the shape of a mythological salamander. The term has negative connotations and gerrymandering is almost always considered a corruption of the democratic process. The resulting district is known as a gerrymander (/ˈdʒɛriˌmændər, ˈɡɛri-/). The word is also a verb for the process.

Our voting district in Massachusetts looked like a shadow drawing of a sea horse. It was drawn like that to minimize the Republican votes in the area of Massachusetts that bordered northeast Rhode Island. Districts are drawn by state legislators and are usually drawn to give the advantage to whichever party is in power. There are less noble reasons for drawing districts, but the fact remains that the state legislators have the responsibility to draw those districts. Recently a case involving districts drawn by the Alabama legislature was decided by the U.S. Supreme Court.

On Monday, The Epoch Times reported:

The Supreme Court on Monday halted an order requiring Alabama to redraw congressional districts ahead of the 2022 elections.

A lower court had determined in late January that the new Alabama congressional electoral map disadvantages black voters and likely violates Section 2 of the Voting Rights Act.

The lower court’s three-judge panel said the state should have two majority-black districts, instead of one. The congressional map, approved by Alabama’s Legislature last year, has one majority-black district.

Alabama’s delegation to the U.S. House of Representatives consists of six Republicans and one Democrat.

Alabama was given until Feb. 11 to create a new map, but it appealed the district court’s decision instead.

The Supreme Court’s 5-4 ruling (pdf) grants a stay of the lower court’s order to have the districts redrawn.

“The stay order is not a ruling on the merits, but instead simply stays the District Court’s injunction pending a ruling on the merits,” Justice Brett Kavanaugh, joined by Justice Samuel Alito, wrote.

The legislature has the right to draw voting districts. The courts do not have the right to undo those districts and require new maps. The districts may not be drawn fairly in Alabama, but it is up to the voters in Alabama to vote for people in the legislature that will create districts that better reflect the population. There are other states where the courts are trying to control the redistricting process. This is an example of the courts attempting to usurp the job of the legislature. The courts do not have that right.