Redistricting The Partisan Way

NYT Editorial: The Texas Gerrymander

The redrawing of election districts in Texas in 2003, which Tom DeLay helped engineer to make the state's Congressional delegation more Republican, lands in the Supreme Court today. Democrats are asking the court to rule that the plan is unconstitutional and violates the Voting Rights Act. The court should strike down the plan. It should also use the case to set limits on this kind of politically motivated drawing of districts by both parties, a practice that is making voters increasingly irrelevant.

Texas's 2003 redistricting was an extreme case of partisan gerrymandering. The state's Congressional lines had already been redrawn once, after the 2000 census, producing additional Republican seats in a way that a federal court decided was fair. But when Republicans took control of the state government, they decided to do a highly unusual second redistricting. Democratic state legislators protested and fled the state to deny the Republicans a quorum. But Texas eventually adopted a plan that tilted the state's delegation even further in the Republicans' favor.

The Supreme Court has acknowledged that partisan gerrymandering can violate the Constitution, but it has had trouble setting out a workable standard. In a Pennsylvania case two years ago, Justice Anthony Kennedy cast the deciding vote to dismiss a gerrymandering claim, but he suggested that courts could intervene in such cases "if some limited and precise rationale" could be found for doing so. In the Texas case, Democrats put forward such a standard: that "the Constitution prohibits legislators from redrawing election districts in the middle of a decade solely to achieve partisan advantage."

When are we going to learn to take the partisanship out of the districting process? How many lawsuits have been filed over districting across the US. It should be a function of the state census bureaus to delineate districts through the use of panel of citizens chaired by the head of the census bureau. We need to take the domination of one party over the other out of the process.