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Some Democrats Want To Bring Back Gerrymandering Amid Texas Redistricting Debacle

Some Democrats Want To Bring Back Gerrymandering Amid Texas Redistricting Debacle

Forbes2 hours ago
Democrats are becoming more aggressive in countering redistricting efforts that favor Republicans—like the one slated for Texas that caused a mass exodus of Democrats over the weekend—as the party's support for nonpartisan redistricting processes has put them at a disadvantage nationally.
President Donald Trump and Texas Governor Greg Abbott participate in a round table event at the Hill Country Youth Event Center to discuss flash flooding on July 11, 2025 in Kerrville, Texas. (Photo by) Getty Images
Dozens of Democratic Texas lawmakers fled the state over the weekend to prevent the legislature from establishing a quorum, a move aimed at blocking a vote on a new congressional map that would give Republicans five additional seats in the House.
Texas is one of more than 20 Republican-controlled states where congressional maps are drawn by the state legislature, while large Democratic-controlled states use nonpartisan commissions to draw maps—giving Republicans an advantage and leading some Democrats to express a need for a more aggressive counterattack.
'I hope that blue states across the country see this as a signal flare and start carving up their own seats because Democrats have to stop trying to be the only adults in the room,' Texas Democratic Party Chair Kendall Scudder told CNN on Monday.
Former Attorney General Eric Holder, who has advocated against gerrymandering as head of the National Democratic Redistricting Committee, has also called for a stronger retaliatory strategy, telling The New York Times 'this midcycle redistricting ploy in Texas . . . is something that has to be met in the moment.'
Democratic lawmakers in other states have also threatened to take steps to redraw their congressional maps to favor Democrats in the wake of Texas' decision: California Gov. Gavin Newsom has floated the possibility of a special election to usurp the state's independent redistricting commission, while Maryland House Majority Leader David Moon introduced legislation to redistrict again if Texas or another state moves forward with redistricting before the next census.
95. That's the number of House seats independent commissions drew that would have otherwise been drawn by Democrats after the 2020 Census, compared to 13 that would have been drawn by Republicans, the Associated Press reported. Chief Critic
'This Democratic tit for tat redistricting seems like a port, but it's not a port. It's a jagged rock with a bunch of sirens on them,' Emily Eby French, director of the nonpartisan pro-democracy organization Common Cause Texas told the AP.
Democrats have also been accused of gerrymandering in some states where their party controls the legislature and there's no independent commission responsible for congressional maps. Democrats have a 14-3 advantage in Illinois, they control all three House seats in New Mexico and three of four seats in Nevada. What To Watch For
The Texas legislature is scheduled to convene at 4 p.m. ET Monday. Gov. Greg Abbott has threatened to remove from office the Democrats who fled the state if they don't return by Monday afternoon, though it's unclear if he has the authority to do so. Key Background
More than 50 state Democratic lawmakers left Texas on Sunday for Chicago, depriving the legislature of the 100-lawmaker minimum it needs to vote on legislation. Illinois Gov. J.B. Pritzker, who helped organize the revolt, accused President Donald Trump on Sunday of 'trying to cheat the system in Texas,' adding 'these Democratic legislators refuse to let it happen without a fight.' Further Reading
Democrats Have Few Tools To Counter G.O.P. Redistricting (The New York Times)
Eric Holder On Why He Reversed Course On Gerrymandering (The New York Times)
Democrats Desperately Look For A Redistricting Edge In California, New York And Maryland (Politico)
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Redistricting battles in Texas and elsewhere: Will courts play a role?: ANALYSIS
Redistricting battles in Texas and elsewhere: Will courts play a role?: ANALYSIS

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Redistricting battles in Texas and elsewhere: Will courts play a role?: ANALYSIS

As Democrats search for ways to delay, if not defeat, Republican efforts to redraw election maps for political gain ahead of the 2026 midterm elections, they say, they may not find much help from federal courts. A landmark 2019 decision by the U.S. Supreme Court -- Rucho v. Common Cause -- removed federal judges almost entirely from the business of mediating disputes over partisan gerrymandering. "Excessive partisanship in districting leads to results that reasonably seem unjust. But the fact that such gerrymandering is incompatible with democratic principles does not mean that the solution lies with the federal judiciary," wrote Chief Justice John Roberts. The ruling effectively shut the courthouse door on legal challenges to creatively-drawn electoral maps that dilute the influence of certain voters based on party affiliation. MORE: How redistricting in Texas and other states could change the game for US House elections "Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions," Roberts concluded in the opinion. Race, however, is a different matter -- and one that the Supreme Court has recognized a limited role for judges in examining under the Voting Rights Act of 1965. Section 2 of the Act prohibits the denial or abridgment of the right to vote on account of race, which has historically been interpreted to include the drawing of congressional districts that "crack" or "pack" communities of color in order to limit their influence. As recently as 2023, the high court said lower courts could intervene in "instances of intensive racial politics where the excessive role [of race] in the electoral process ... den[ies] minority voters equal opportunity to participate." MORE: Abbott threatens to oust Democrats who fled Texas over redistricting Some Democrats have begun alleging that the Texas GOP effort (and those in other states) is racially motivated. "They're coming in and cracking up parts of Austin voters and then merging my district with [Democratic] Congressman [Lloyd] Doggett's district, all with the intended effect of making it so that voters of color have less of a say in their elections, and so that Donald Trump gets his preferred member of Congress," Texas Democratic Rep. Greg Casar told ABC's Selina Wang on Sunday. Former Obama attorney general turned voting rights advocate Eric Holder told ABC News "This Week" co-anchor George Stephanopoulos on Sunday he is contemplating the possibility of new litigation under the Voting Rights Act. "This really exacerbates that which they've already done and strengthens the case that we have brought," Holder said of Texas' Republicans' redistricting efforts. A race-based challenge to any new Texas congressional map would get through the courthouse door, but it could ultimately face a skeptical Supreme Court, which has increasingly looked to eliminate any racial considerations under the Constitution. The justices are already considering a case from Louisiana involving the competing interests of the Equal Protection Clause and Voting Rights Act when it comes to race. Plaintiffs allege race was impermissibly used to create a discriminatory districts under Section 2; opponents argue that requiring a creation of new map that explicitly accounts for race is itself a violation of colorblind equal protection. When the court hears arguments this fall, there are signs several of the justices could seek to have Section 2 strictly limited or struck down entirely. "For over three decades, I have called for a systematic reassessment of our interpretation of §2," wrote Justice Clarence Thomas in June. "I am hopeful that this Court will soon realize that the conflict its §2 jurisprudence has sown with the Constitution is too severe to ignore." Ultimately, despite widespread public complaints about gerrymandering and the challenges it creates, the most likely and lasting solution may lie in legislatures and Congress. "The avenue for reform established by the Framers, and used by Congress in the past, remains open," Chief Justice Roberts wrote in Rucho. Proposals for fair districting criteria and independent commissions have circulated in statehouses and Congress for years. On Monday, one Republican lawmaker — Rep. Kevin Kiley of California — introduced a bill to ban mid-decade redrawing of congressional maps nationwide. Such a proposal could halt the state redistricting "arms race" now underway if it was adopted, though that looks highly unlikely.

Police investigating after neo-Nazis spark scuffle in Concord, N.H.
Police investigating after neo-Nazis spark scuffle in Concord, N.H.

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Police investigating after neo-Nazis spark scuffle in Concord, N.H.

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Are legislative districts in US states drawn fairly? Poll shows partisan divide
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Americans are divided over the fairness of legislative districts, with Democrats being more likely than Republicans to say electoral maps are drawn unfairly, according to the latest YouGov poll. At the same time, most Americans agree that redistricting efforts should be conducted by a nonpartisan body, as opposed to one political party. The survey, conducted on Aug. 4, comes as several states have moved to reform their legislative districts — areas that determine congressional representation in the House of Representatives — ahead of the 2026 midterm elections. In Texas, for example, the Republican-controlled legislature plans to vote on a newly proposed district map, which would add five new GOP districts. A group of Democratic lawmakers fled the state in an attempt to block the vote. In response, other states, like California, have proposed the possibility of redrawing their own legislative maps as a retaliatory measure, though many blue states face limitations since their redistricting processes are overseen by independent commissions. Here is a breakdown of the poll results. In the survey — which sampled 18,217 U.S. adults — respondents were asked: 'Do you think legislative districts are drawn fairly or unfairly in your state?' Thirty-four percent said they believe their districts are drawn very fairly (9%) or somewhat fairly (25%). A similar share, 35%, said they think their own legislative districts are designed somewhat unfairly (19%) or very unfairly (16%). An additional 31% said they were not sure. On this question, there was a noticeable partisan divide. Forty percent of Democrats said their district was designed in a biased fashion, while 36% of independents and 28% of Republicans said the same. Several studies in recent years have concluded that legislative district maps are often unfairly drawn. For example, a 2024 study from the University of Chicago found that gerrymandering, the process of manipulating electoral boundaries to favor one party, 'occurs in many states and municipalities, leading to less responsive legislatures.' A similar study from the University of Utah concluded that 'Americans are categorized and grouped differently during congressional redistricting depending on who is drawing the lines.' Some of the most gerrymandered states include: Texas, Louisiana, North Carolina, Pennsylvania, Ohio and Wisconsin, according to Newsweek, which compiled a report based on data from the World Population Review. In the poll — which has a margin of error of 1 percentage point — respondents were also asked whether they support requiring redistricting efforts to be handled by a 'nonpartisan redistricting commission.' A majority of respondents, 59%, said they strongly (38%) or somewhat support (21%) this. Meanwhile, just 11% said they somewhat (7%) or strongly oppose (4%) this measure. Thirty percent said they were not sure. On this question, there was a consensus across the political spectrum. Sixty-eight percent of Democrats, 56% of independents and 55% of Republicans said they're on board with restricting being conducted by nonpartisan commissions. Most state legislatures are responsible for redistricting, but 15 states have authorized commissions for the purpose of drawing legislative districts in an effort to reduce gerrymandering, according to the National Conference of State Legislatures. These states include: California, Colorado, Hawaii and Michigan. Five other states, including New York, have advisory commissions that assist legislatures in the redistricting process. Redistricting is typically done every 10 years, following the decennial U.S. census, but some states conduct this process more often.

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