LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al., Appellants v. RICK PERRY, GOVERNOR OF TEXAS, et al. TRAVIS COUNTY, TEXAS, et al., Appellants v. RICK PERRY, GOVERNOR OF TEXAS, et al. EDDIE JACKSON, et al., Appellants v. RICK PERRY, GOVERNOR OF TEXAS, et al. GI FORUM OF TEXAS, et al., Appellants v. RICK PERRY, GOVERNOR OF TEXAS, et al. (No. 05-204), (No. 05-254), (No. 05-276), (No. 05-439)
SUPREME COURT OF THE UNITED STATES
March 1, 2006, Argued
June 28, 2006, Decided
The 1990 census resulted in a 3-seat increase over the 27 seats previously allotted the Texas congressional delegation. Although the Democratic Party then controlled 19 of those 27 seats, as well as both state legislative houses and the governorship, change was in the air: The Republican Party had received 47% of the 1990 statewide vote, while the Democrats had received only 51%. Faced with a possible Republican ascent to majority status, the legislature drew a congressional redistricting plan that favored Democratic candidates. The Republicans challenged the 1991 Plan as an unconstitutional partisan gerrymander, but to no avail.
The 2000 census authorized two additional seats for the Texas delegation. The Republicans then controlled the governorship and the State Senate, but did not yet control the State House of Representatives. So constituted, the legislature was unable to pass a redistricting scheme, resulting in litigation and the necessity of a court-ordered plan to comply with the U. S. Constitution’s one-person, one-vote requirement. Conscious that the primary responsibility for drawing congressional districts lies with the political branches of government, and hesitant to undo the work of one political party for the benefit of another, the three-judge Federal District Court sought to apply only “neutral” redistricting standards when drawing Plan 1151C, including placing the two new seats in high-growth areas, following county and voting precinct lines, and avoiding the pairing of incumbents. Under Plan 1151C, the 2002 congressional elections resulted in a 17-to-15 Democratic majority in the Texas delegation, compared to a 59% to 40% Republican majority in votes for statewide office in 2000, thus leaving the 1991 Democratic gerrymander largely in place.
In 2003, however, Texas Republicans gained control of both houses of the legislature and set out to increase Republican representation in the congressional delegation. After a protracted partisan struggle, the legislature enacted a new congressional districting map, Plan 1374C. In the 2004 congressional elections, Republicans won 21 seats to the Democrats’ 11, while also obtaining 58% of the vote in statewide races against the Democrats’ 41%. Soon after Plan 1374C was enacted, appellants challenged it in court, alleging a host of constitutional and statutory violations. In 2004 the District Court entered judgment for appellees, but this Court vacated the decision and remanded for consideration in light of Vieth v. Jubelirer, 541 U. S. 267 . On remand, the District Court, believing the scope of its mandate was limited to questions of political gerrymandering, again rejected appellants’ claims.
Held: The judgment is affirmed in part, reversed in part, and vacated in part, and the cases are remanded.
399 F. Supp. 2d 756, affirmed in part, reversed in part, vacated in part, and remanded.