SAN ANTONIO โ Embarking on the latest chapter to the years-long battle over the stateโs political maps, Texas and its legal foes on Monday faced off in federal court over minoritiesโ voting rights and the district boundaries the state should use in the 2018 elections.
Focusing first on the stateโs House map, minority rights groups suing the state began the trial by slogging through 10ย hours of dense expert testimony, election analyses andย state lawmakers’ methods of redrawing political boundaries in an effort to convince a panel of three federal judges that the stateโs existing map is illegal and must be redrawn.
It was the first day of whatโs expected to be a week-long trial before a court that earlier this year found thatย Texas Republicans intentionally discriminated against Texans of color in previous mapmaking.
With Texas becoming less white each day, lawyers for minority rights groups opened their push for new maps by parsing the stateโs demographic growth, which shows that the population of eligible white voters has significantly declined since 2010.
When asked by federal district Judge Orlando Garcia how this relates to the 2013 maps, the Mexican American Legislative Caucusโ lawyer, Jose Garza, indicated it was proof that Texans of color donโt have proportional representation under the maps currently in place.
โEven today … minorities are underrepresented when measured against population data and population figures,โ Garza said.
MALC also presented an alternative map to demonstrate that the state House boundaries could have been drawn in a way that minimized the slicing of municipalities and created additional “opportunity districts” where minority voters are able to select their preferred candidates.
Creating that type of district was not a legislative priority when the House took on redistricting in 2013; lawmakers only made โcosmetic changesโ that didnโt โimprove the overall map for minority opportunity,โ former state Rep. Trey Martinez Fischer testified before the court.
In 2011, state lawmakersย drew legislative and congressional maps followingย the 2010 census, but they were immediately challenged in court on the basis that they diluted the voting strength of Hispanic and black voters. The court drew interim maps amid an election scramble, and the Legislature in 2013 moved to adopt them.
Martinez Fischer argued that efforts to improve those maps for minority representation were rebuffed by the Republican majority.
โIt was almost all upon deaf ears,โ Martinez Fischer said.
While theyโre challenging the existing mapย as a whole,ย lawyers with the Mexican American Legal Defense and Educational Fund specifically focused on House District 90 as a district that should be invalidated,ย making the case that the redrawing of the district unconstitutionally diluted the strength of Hispanic voters.
One long-time Fort Worth resident involved in local politics told the court that the new boundaries of HD 90 “made it harder for a Hispanic to win.”
Late in the day, a lawyer for theย NAACP started making its caseย against the state House map, opening with testimony on coalition districts in Bell County โ one of several claims they’ve raised against house districts across the state. The NAACP is expected to continue its argumentsย that the state only adopted the court’s interimย maps to avoid additional scrutiny and never planned to fixย the discrimination thatโs โdeeply steepedโ in the maps.
The political stakes are high. A ruling from the court could result in legislative and congressional boundariesย that are less ideal for Republican candidates. And the stateโs opponents are also hoping the legal wrangling could lead to Texas being placed back under federal electoral oversight years after a U.S. Supreme Court ruling freed them from that guardianship.
The state is expected to make its case and present its own witnesses later in the week. In legal filings, state attorneys have argued that the court-drawn maps the Legislature adopted in 2013 adequately addressed their foesโ claims. Theyโve also asserted that the state is not liable for any intentional discrimination in the 2013 maps because the courts were behind the mapmaking.
The panel of judges presiding over this weekโs trial ruled in April that Texas lawmakers intentionally in 2011 undercut the political clout of voters of color with its 2011 maps and createdย House districtsย that resulted in โeven less proportional representationโ for minority voters.
They found that Texas lawmakers either violated the U.S. Constitution or the Voting Rights Act by intentionally diluting the strength of minority votersย with those House districts โ echoing their earlier ruling that some of the congressional districts did the same thing.
Some of those issues were addressed in the temporary, court-drawn maps the Legislature adopted. But some lines remained the same.
The trial is expected to conclude on Friday or Saturday. The court will also hear arguments over the stateโs congressional map.
