In a per curiam decision, the U.S. Supreme Court has allowed Texas to employ a redrawn congressional boundary scheme that is projected to include several five new Republican-leaning districts. The 6-3 ruling, handed down on Thursday, approves a petition by the state to lift a district court's injunction that had struck down the redistricting plan in November.
The federal judge improperly inserted itself into an active primary campaign, causing significant confusion and upsetting the sensitive balance of power in elections, the justices wrote in detailing its action.
The district court had determined that Texas had probably classified voters by their race – a act known as unconstitutional racial sorting – when it adopted the boundaries. It had instructed the state to use the maps established after the most recent national count for the forthcoming election.
In a sharply worded dissenting opinion, Justice Elena Kagan took issue with the majority's decision. She contended that it disrespected the work of the lower court, noting that its decision was crafted by a judge nominated by former President Donald Trump.
While our court is superior in jurisdiction, we are not superior in making these fact-intensive determinations, Kagan wrote in a opinion supported by Justices Sonia Sotomayor and Ketanji Brown Jackson.
She continued, Today's ruling solidifies that Texas's new map, with all its enhanced favoritism, will govern next year's elections. And it ensures that many Texas citizens, without justification, will be sorted in electoral districts because of their race. And that result, as this court has declared consistently, is a breach of the constitution.
The court's action comes amid a national fight over the redrawing of electoral maps. Texas is an essential part in efforts to transform the U.S. House map to secure a fragile Republican hold. Usually, map-drawing occurs after a decennial population count. Yet the action by Texas Republicans to proceed with a aggressive off-cycle redistricting earlier in the summer triggered a wave among other states.
GOP lawmakers in states like North Carolina and Missouri have also approved new maps that are estimated to yield a number of additional GOP-friendly seats. Democratic lawmakers, for their part, have pushed back with new maps in states like California and Virginia, which are intended to balance those projected gains.
The Texas top lawyer welcomed the supreme court ruling. In a statement, he said the order upheld Texas's prerogative to draw a map that guarantees representation favorable to Republicans. Our state is leading the charge to reclaim the nation, one district and one state at a time, he added.
Conversely, opposition party representatives criticized the outcome. It's incredibly disappointing that the Court has rubber stamped a map enacted by Texas Republicans which, simply put, is an extreme, racially gerrymandered map, said the chair of a major Democratic campaign committee.
Another top House figure argued the court had once again eroded its credibility by rubber-stamping a discriminatory map. This decision from the Court's far-right bloc proves extremists are willing to rig elections. The Texas map is a discriminatory power grab targeting Black and Latino voters, he added.
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