Quandary. Texas’ primary will surely be postponed until June.
How did we get here?
1] TX Lege published its CD map based on the 2010 census.
2] TX is a state that must pre-clear its map with the Justice Department or alternatively ask a USDC in Washington DC for a declaratory judgment. No state had ever gone to court before, but TX thought it would do “better” in court than with a D DOJ. This infused delay, as a matter of course – DOJ pre-clearance takes but 60 days.
3] The DC Court has not finally ruled, but did make an interim finding that the TX plan violated the VRA. The DC Court will finally rule in March, perhaps.
4] TX had scheduled its primary for Super Tuesday in March, so, in an unusual move, the DC Court permitted a TX federal court panel to draw an interim plan for TX. The San Antonio panel obliged, but without ever making its own preliminary finding that the TX plan violated the VRA.
5] TX appealed the SA map to the Supremes saying it was not based on a finding of a violation. Further, TX said, it could use its own map if no violation had been found. The DC court case was not part of the appeal but it was not far from the Supremes’ minds, either.
6] Read the link to see that the Supremes are confused, too. I think you will sense that the Supremes will probably come up with a compromise result that will be more about judicial administration of the federal court system, IMHO, then about the probable swing of 4 HoR votes by party that are the political stakes. 3 of 4 new HoR seats are R under the TX plan, but D under the San Antonio USDC plan.
7] Remember that this is only about TX’s interim plan at this point – the final plan will be dictated by the USDC in DC, or the appeal of that case. Problem for TX is that the interim makes the CD lines for 2012, and until we have a final ruling, we cannot have 2012 elections or primaries. The Supremes [and all courts] hate tight timelines in complex matters.
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