By Howard Mintz, hmintz@mercurynews.com
Posted:
04/04/2016 08:05:13 AM PDT | Updated: about 2 hours ago
Avoiding
a ruling that threatened the way California and other states map their
political districts, the U.S. Supreme Court on Monday preserved the "one
person, one vote" method of crafting political boundaries.
In a unanimous ruling, the Supreme Court rejected a lawsuit
challenging Texas' method of drawing political districts, concluding
that there is a long history backing the use of total population numbers
to create representative political districts. The high court left open
the possibility for future challenges to the principle, but indicated
strong support for allowing states to keep the status quo.
The
Supreme Court is seen in Washington, Monday, April 4, 2016, after
justices ruled in a case involving the constitutional principle of one
person, one vote and unanimously upheld a Texas law that counts
everyone, not just eligible voters, in deciding how to draw legislative
districts. (AP Photo/J. Scott Applewhite)
While legal experts anticipated Monday's outcome, the challenge
could have upended the way states draw their political districts based
on census-driven overall population numbers -- an outcome that may have
altered political influence in states such as California, where
mushrooming Latino populations in urban areas, including illegal
immigrants and other noncitizens, play a key part in shaping political
maps.
Conservative groups challenged the "one person, one vote" premise
based on a simple argument that counting overall population, including
those ineligible to vote, unfairly diminishes the power of citizens who
are eligible to vote. They urged the Supreme Court to invalidate the
current system, which would force states to completely redraw local and
state political districts using different factors and perhaps open the
door to eventually reconfiguring congressional districts.
But the Supreme Court, in a decision written by Justice Ruth Bader
Ginsburg, rejected the arguments, in large part based on past high
court rulings and historical support for relying on overall population
to set political districts.
"Settled practice confirms what constitutional history and prior
decisions strongly suggest," the Supreme Court wrote. "Adopting
voter-eligible apportionment as constitutional command would upset a
well-functioning approach to districting that all 50 States and
countless local jurisdictions have long followed.
"Nonvoters have an important stake in many policy debates and in receiving constituent services," the court added.
The backdrop of the legal showdown is the increasingly
supercharged political tug-of-war between Republicans and Democrats over
voting regulations, from the Supreme Court's 2013 ruling gutting key
provisions of the Voting Rights Act to efforts in many red states to
enact Voter ID laws that critics say target minority voters inclined to
vote Democratic.In the Texas case, two voters challenged the way
Texas draws state senate districts, arguing that they count for less in
calculating those boundaries than ineligible voters used to assess total
population numbers -- whether noncitizens, children or even felons.
Conservative groups aligned with the challenge, arguing in Supreme Court
briefs that the current system distorts the rights of nonvoters in the
democratic process, particularly in states such as California, Texas and
Florida, where larger numbers of noncitizens are counted in those
census figures.
A three-judge federal court panel in Austin had
rejected the two voters' claim, and election law experts were surprised
in May when the high court agreed to take the case.
Civil rights
groups and 22 states, including California, warned the Supreme Court of
dire consequences if the current method is altered, arguing that
politicians represent all people, not just those who vote. Critics of
the Texas challenge, including the Democratic National Committee,
suggest the case is a thinly veiled part of Republican efforts to
undercut minority voting numbers.
In large part, the critics are
banking on the Supreme Court's own words in a key 1964 ruling that
upheld the one-person, one vote concept by saying "legislators represent
people, not trees or acres."
"Conservative and liberal justices
joined together to recognize that apportioning state legislative
districts by total population honors the Constitution's text and
history, and rejected this ideologically-driven challenge to one of
America's most revered practices," said Elizabeth Wydra, president of
the Constitutional Accountability Center.
Despite the undercurrent
of issues related to immigration and noncitizens, these groups note
that other nonvoting blocs, notably children, tend to be represented
heavily in census numbers in large urban areas and would lose
protections if the system changed. Several cities, including Los Angeles
and San Francisco, have sided with Texas in the case, saying that
relying on only eligible voters "would make the nation's cities and
large urban areas the losers."
The Obama administration backed the
current system, saying it is the only practical and constitutional way
to draw political boundaries.
Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at
Twitter.com/hmintz
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