In December of last year, the Justice Department asserted that Texas' redistricting plans for Congress and the state legislature violated Section 5 of the Voting Rights Act by "diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice." Today a three-judge federal court in Washington concurred with DOJ, writing that Texas's redistricting plans were "enacted with discriminatory purpose" and did not deserve preclearance under Section 5.
Here are the relevant facts of the case: Texas gained 4.3 million new residents from 2000-2010. Nearly 90 percent of that growth came from minority citizens (65 percent Hispanic, 13 percent African-American, 10 percent Asian). As a result, Texas gained four new Congressional seats, from 32 to 36. Yet under the Congressional redistricting map passed by Texas Republicans following the 2010 election, white Republicans were awarded three of the four new seats that resulted from Democratic-leaning minority population growth. The League of Women Voters called the plan "the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year."
Noted the federal court:
"The Black and Hispanic communities currently make up 39.3% of Texas's CVAP [current voting age population]. Thus, if districts were allocated proportionally, there would be 13 minority districts out of the 32 in the benchmark (39.3% of 32 is 12.6). Yet minorities have only 10 seats in the benchmark, so the representation gap is three districts. In the enacted plan, proportional representation would yield 14 ability districts (39.3% of 36 is 14.1), but there are still only 10 ability districts."