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December 02, 2005
Justice Department Staff Argued Texas Redistricting was Illegal
Justice Department lawyers concluded that the landmark Texas congressional redistricting plan spearheaded by Rep. Tom DeLay (R) violated the Voting Rights Act, according to a previously undisclosed memo obtained by The Washington Post. But senior officials overruled them and approved the plan.The memo, unanimously endorsed by six lawyers and two analysts in the department's voting section, said the redistricting plan illegally diluted black and Hispanic voting power in two congressional districts. It also said the plan eliminated several other districts in which minorities had a substantial, though not necessarily decisive, influence in elections.
"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 concluded.
The memo also 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.
But the Texas legislature proceeded with the new map anyway because it would maximize the number of Republican federal lawmakers in the state, the memo said. The redistricting was approved in 2003, and Texas Republicans gained five seats in the U.S. House in the 2004 elections, solidifying GOP control of Congress.
Posted by Hale Stewart at December 2, 2005 08:20 AM | Permalink
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Comments
Tom DeLay and Greg Abbott and all of their minions basically said "screw the law, we're doing it anyway".
And this is unusual how?
Posted by: PDiddie at December 2, 2005 08:30 AM
A court document regarding the redistricting lawsuit, with some interesting points made.
Posted by: PDiddie at December 2, 2005 03:00 PM
This is not unusual at all.
The sad part here is some Democrats -- Process Liberals like the County Chairman -- who think the Department of Justice, the Elections Division of the Secretary of State's Office, the County Elections Administrator, and various other "bi-partisan" or "non-partisan" clap-trap constitute refuge or salvation for our party or our republic today.
No, the Civil Rights Division of the Department of Justice today is just another right-wing frat-house prank operation. You gotta bet the GOP just love sticking it to the damn Liberals with their own rod.
So, we have to fight back, not plead.
What are the models for that? The left-wing protest model is not, I think, a useful model. It is, in fact, just a different style of pleading. My friend, Stan MERRIMAN loves protests, but I think he is wrong.
Theater, like Jim RINE's moving displays, yes, baiting the HPD, no.
The model -- a hybrid of two models -- we need is an older part of our party's tradition: It is organize, organize, organize.
We have two such historic styles of organization:
One, embedded in Texas law and tradition, might be called the county militia style. It goes back to the very early foundations of this state, formerly a republic in its own right, and had its last, best expression during the late nineteenth-century when, not rural but rather small-town Democrats, gave us women's suffrage and common carriage regulation but, also, racial segregation.
The other tradition we have, now, is the labor organization style derived from Irish and German Union Army regiments that went on to become the labor movement, then, the civil rights movement, and that, still, for instance, can successfully organize mostly hispanic janitors in Houston, Texas.
Between the two of those, we ought to be able to get things right.
The central institution of that kind of party is the convention.
It is voluntary, egalitarian, but also disciplined. As I say, both these styles are derived from the experience of militia-type armies during a whole sucession of wars. Henry Martyn Robert, of Robert's Rules, was a Union Army officer, a Brigadier General, later, and the District Engineer in Galveston. He was not a lawyer, not a segregationist Democrat.
But, Wars! We are against wars!
Yes, but not their moral equivalant. And, that is what a strong party with a capacity for political formation, mobilization, discipline, and action can be -- the moral equivalent of war.
Posted by: John Robert BEHRMAN at December 2, 2005 11:15 PM