(AP) A divided Supreme Court on Thursday came to the rescue of Texas Republicans, allowing next year’s elections to be held under the state’s congressional redistricting plan favorable to the GOP and pushed by President Donald Trump despite a lower-court ruling that the map likely discriminates on the basis of race.
With conservative justices in the majority, the court acted on an emergency request from Texas for quick action because qualifying in the new districts already has begun, with primary elections in March.
The Supreme Court’s order puts the 2-1 ruling blocking the map on hold at least until after the high court issues a final decision in the case. Justice Samuel Alito had previously temporarily blocked the order while the full court considered susana morales the Texas appeal.
The justices cast doubt on the lower-court finding that race played a role in the new map, saying in an unsigned statement that Texas lawmakers had “avowedly partisan goals.”
In dissent, Justice Elena Kagan wrote for the three liberal justices that her colleagues should not have intervened at this point. Doing so, she wrote, “ensures that many Texas citizens, for no good reason, will be placed in electoral districts because of their race. And that result, as this Court has pronounced year in and year out, is a violation of the Constitution.”
The high court's vote “is a green light for there to be even more re-redistricting, and a strong message to lower courts to butt out,” Richard Hasen, an election law expert at the University of California at Los Angeles law school, wrote on the Election brian brobbey Law Blog.
The justices have blocked past lower-court rulings in congressional redistricting cases, most recently in Alabama and Louisiana, that came several months before elections.
The Texas congressional map enacted last summer at Trump’s urging was engineered to give Republicans five additional House seats.
The effort to preserve a slim Republican majority in the House in next year’s elections touched off a nationwide redistricting battle.
Texas was the first state to meet Trump’s demands in what has become an expanding national ibm stock battle over redistricting. Republicans drew the state’s new map to give the GOP five additional seats, and Missouri and North Carolina followed with new maps adding an additional Republican seat each. To counter those moves, California voters approved a ballot initiative to give Democrats an additional five seats there.
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