Judges dismiss lawsuit that sought to overturn redistricting in California

Kate Perry
Associated Press: Los Angeles Metro Area
June 13, 2002

A three-judge panel dismissed a lawsuit Wednesday by a Hispanic rights group that sought to overturn redistricting plans it said were designed to keep three white Democratic incumbents in Congress.

In a 91-page decision, the two U.S. District Court judges and one federal appeals court judge rejected the action brought by the Mexican American Legal Defense and Educational Fund on behalf of 24 registered voters.

The suit alleged that Democratic legislators redrew congressional districts in Los Angeles and San Diego counties to protect Reps. Howard Berman, Bob Filner and Brad Sherman from potential Hispanic challengers.

"It was a disappointment," said Thomas Saenz, an attorney for MALDEF. "The evidence shows the state split the Latino community in order to ensure that incumbent Congress members would not face a challenge from a Latino candidate."

In rejecting the lawsuit, the judges cited evidence of crossover voting by whites for Hispanic candidates and the extent of Hispanic political power in the areas as proof of no direct racial discrimination in the newly drawn boundaries.

MALDEF, which is also involved in redistricting cases in Arizona, Illinois and Texas, has not decided whether to appeal.

A lawyer for the state did not return calls for comment.

Lawmakers are required to draw new districts every 10 years to reflect population changes revealed by the latest census.