On January 20th, the United States Supreme Court ordered a federal court in Texas to reconsider the maps it had drawn for the state’s legislative districts. The Court unanimously held that the lower court may not have used “appropriate standards” in drawing the new maps. Instead, the lower court had “substituted its own concept of the collective public good for the Texas legislature’s determination of which policies serve the interests of the citizens of Texas.” The Court remanded the case to the district court to draw new maps, this time starting from the plan created by the state legislature last year. Please see this earlier coverage by the Rose Report for a more in-depth analysis on the background of the case.
Tag Archives: section 5
The Supreme Court on Monday held 70 minutes of argument for three cases on the new state legislative and congressional districts Texas will use in 2012 and beyond. The three cases under review are Perry v. Perez (11-713) on redistricting the state house, Perry v. Davis (11-714) on redistricting the state senate, and Perry v. Perez (11-715) on redistricting the U.S. House. At issue is whether the San Antonio federal court had the authority to impose a new legislative district plan on Texas when the state legislature’s plan had not obtained the “preclearance” required under Section 5 of the 1965 Voting Rights Act. The cases focus on Section 5 issues, but have broader implications for the division of power between state legislatures and federal courts in redistricting.