MIKE DAVIS: SCOTUS must save Texas from meddling liberal judges

Gerrymandering has been a staple of the Republic since its beginning. The signifier has specified a storied contented that it is named aft Elbridge Gerry, 1 of our founding fathers who served arsenic vice president nether President James Madison. For decades, leftists attempted to outlaw partisan gerrymandering. Justice Anthony Kennedy could not marque up his caput connected the issue, truthful it languished until helium retired. Fortunately for the Constitution, President Trump replaced Justice Kennedy—the Court’s plaything ballot for implicit a twelve years—with coagulated constitutionalist Justice Brett Kavanaugh. In 2019, acknowledgment to Kavanaugh’s addition, the Court upheld partisan gerrymandering successful Rucho v. Common Cause. Legislatures cannot gerrymander based connected race, but they tin bash truthful based connected partisanship.

Following Texas Democratic lawmakers’ instrumentality connected Monday, President Donald Trump urged the authorities legislature to determination rapidly to walk a highly arguable redistricting bill, saying, "Please walk this Map, ASAP." (Sergio Flores/Getty; Mark Schiefelbein/AP)

Earlier this year, Texas did conscionable that. Yet, a three-judge territory tribunal sheet invalidated Texas’s representation earlier this week and ordered that the representation drawn by the legislature successful 2021 stay successful effect for the midterm elections. This ruling could outgo Republicans 5 seats successful the U.S. House of Representatives. The ruling claims that number votes would beryllium diluted were the caller representation to spell into effect. It does not matter, according to the ruling, that the legislators who voted to redistrict ne'er advocated successful favour of favoritism connected the ground of race. Texas Gov. Greg Abbott and Attorney General Ken Paxton person instantly appealed to the Supreme Court the 2-1 ruling, which was shockingly written by Texas U.S. District Judge Jeffrey Brown—handpicked by U.S. Senator Ted Cruz successful 2019. U.S. Fifth Circuit Judge Jerry Smith, the big connected the 3-judge panel, dissented.

It is imperative for the justices to enactment the ruling utilizing the exigency docket, a conveyance that permits the Court to intermission rulings without afloat briefing and oral statement erstwhile bonzer circumstances necessitate it. Here, the occupation lies successful the mode courts person wrongly applied the Voting Rights Act of 1965 for decades. The existent strategy allows DEI districts; that is, existent instrumentality mandates majority-minority districts, explicitly requiring radical favoritism successful redistricting. The justices are considering the due mentation of this statute successful Louisiana v. Callais. Even if determination mightiness person been a clip erstwhile specified a strategy was permissible astatine the tallness of segregation erstwhile the Voting Rights Act was passed, that play has agelong since lapsed. Kavanaugh focused connected this constituent during oral statement successful Callais. It would, of course, beryllium perfect for the Court to clasp that the strategy was ne'er permissible, arsenic justices Clarence Thomas, Samuel Alito, and Neil Gorsuch suggested during oral argument. Either way, the justices should merchandise the Callais determination successful abbreviated bid truthful that legislatures tin respond accordingly successful clip for the midterms.

Texas Gov. Greg Abbott is seen connected Nov. 14, 2025 successful Midlothian, Texas.  (Ron Jenkins/Getty Images)

It is astir definite that the justices person decided Callais and are crafting the majority, concurring, and dissenting opinions. That determination undoubtedly volition interaction the mode the Texas lawsuit is decided. If the justices cognize that they volition beryllium curtailing the Voting Rights Act to extremity mandatory majority-minority districts, they should not let the ruling of the little tribunal to stand. In different words, Texas should not beryllium forced to person districts successful spot that, if the Court rules according to the Constitution, are unlawful.

FEDERAL JUDGES BLOCK TEXAS FROM USING REDRAWN CONGRESSIONAL MAP

There is simply a abstracted crushed wherefore the justices should enactment the ruling of the little court. In Purcell v. Gonzalez (2006), the Court held that national courts ordinarily should not interfere successful elections erstwhile the elections are astir to occur. Based connected this principle, the justices stayed a akin ruling to the Texas 1 successful 2022. In Merrill v. Milligan, the Court dealt with a territory tribunal ruling by a three-judge sheet that had enjoined the implementation of Alabama’s caller legislature map. The sheet had issued its ruling astir 2 months anterior to the opening of absentee voting successful the Alabama primaries. In concurring successful the assistance of the enactment of that ruling, Kavanaugh emphasized the closeness of the election, citing the determination successful Purcell.

The Texas lawsuit presents a akin clip crunch. The primaries volition hap successful March, and absentee voting volition statesman weeks earlier that. Military unit overseas request other clip to nonstop successful their votes, arsenic galore are stationed successful distant locations thousands of miles away, and others are successful the mediate of the water connected ships oregon submarines. The filing deadline for the primaries is Dec. 8, lone 3 weeks away. The ruling by the little tribunal has wreaked havoc; candidates had been readying their runs based connected the newly-drawn districts. The justices indispensable reconstruct bid to this chaotic messiness that the little tribunal has caused.

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One much important constituent requires emphasis. Again, 1 of the 2 judges who invalidated the representation is Brown. He invalidated a representation connected akin grounds successful 2024 concerning Galveston County. The Fifth Circuit, with each 17 judges sitting (formally called en banc), reversed his determination successful Petteway v. Galveston County. Brown, again, is simply a Ted Cruz pick. Presidents indispensable prime territory judges based connected the recommendations of home-state senators. These senators wield veto powerfulness done an outdated contented called the bluish slip. Picking prime territory judges is astir intolerable successful bluish states, wherever leftist senators volition veto fantabulous candidates. Senators successful reddish states, peculiarly deep-red states similar Texas, indispensable guarantee that candidates of the highest prime are recommended for nomination. Brown was a wide miss by Ted Cruz.

Washington, DC - October 7 : Members of the Supreme Court beryllium for a radical photograph pursuing the caller summation of Associate Justice Ketanji Brown Jackson, astatine the Supreme Court gathering connected Capitol Hill connected Friday, Oct 07, 2022 successful Washington, DC. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.  (Jabin Botsford/The Washington Post via Getty Images)

In airy of the upcoming filing deadline, clip is incredibly short. The Supreme Court rapidly indispensable enactment this incorrect bid and reconstruct the lawful representation passed and signed into instrumentality earlier this year. The justices besides indispensable regularisation against continuing the signifier of DEI districts by restoring sanity to voting rights jurisprudence. This determination besides needs to hap rapidly truthful that legislatures crossed the state tin person clip to redistrict anterior to the midterms. There is nary spot for radical favoritism successful elections, and determination is nary spot for improper judicial interference successful elections. The Supreme Court needs to enactment a halt to each of it now.