Lawrence Person's BattleSwarm Blog 5/16/2024
In a classic case of unintended consequences, Democrats suing over a perceived Voting Rights Act violation could result is less Democrats in office.
A voting rights lawsuit that could cost Texas Democrats seats across all levels of government received a hearing Tuesday by the full Fifth Circuit Court of Appeals in New Orleans, known as the most conservative federal appellate court in the country.
The Galveston County redistricting case is challenging how the appellate court has previously interpreted the Voting Rights Act, which was passed to protect individual minority groups but has been “twisted” for political advantage.
At issue is whether Section 2 of the law requires the county to create a majority-minority district by grouping a “coalition” of black and Hispanic voters.
Neither blacks nor Hispanics are a large enough group in Galveston County to create a majority district.
The county contends that the Voting Rights Act does not protect coalition districts—which represent political, not racial, alliances—nor does it guarantee that Democrats will be elected.
Courts in other federal circuits do not allow aggregating distinct minority groups to force what are almost always Democrat districts.
“The Voting Rights Act was meant to right wrongs. It wasn’t meant to subsidize political parties with legislative seats. That’s what this case is about—the real meaning of the Voting Rights Act, or, how it has been twisted by coalition districts,” said J. Christian Adams, President and General Counsel of the Public Interest Legal Foundation, representing Galveston County in the case.
A win by Galveston County would be a blow to Texas Democrats.
The case began in 2021 when Galveston County’s Republican-majority commissioners court, headed by County Judge Mark Henry, drew new boundaries for the county’s four commissioner districts following the decennial census.
The plan eliminated the lone Democrat commissioner’s majority-minority precinct, a coalition district of blacks and Hispanics. The commissioner is black and has served on the court since 1999.
Three sets of plaintiffs then sued the county: a group of current and former Democrat officeholders (the Petteway plaintiffs), local chapters of the NAACP and LULAC, and the U.S. Department of Justice. The three federal lawsuits were consolidated into Petteway v. Galveston County.
Following a two-week trial last August, a federal judge in Galveston ruled in favor of the plaintiffs’ claim of vote dilution in violation of Section 2 of the Voting Rights Act. The decision was based on a nearly 40-year-old Fifth Circuit precedent supporting coalition claims.
More:
https://www.battleswarmblog.com/?p=58095
