timberlandko wrote:I gotta disagree there, joe ... if the legislators had discharged their obligations under existing redistricting law, the matter would not now be in the courts. In nether state have the legislators themselves effected the contested districting; rather the decision has been thrown to the courts. Legislatures did not set the districts. Judges did. That's the core of the problem; the legislators not doing their job.
Why should that matter? Are you suggesting that, if a legislative re-map occurs less than ten years after a judicial re-map, that the legislative re-map is somehow
privileged simply because it's legislative? If the Texas Republicans have their way and redistrict this year,
Timber, will that be map be unalterable until the next census, or are subsequent legislatures free to change it at their whim?
Redistricting plans have always been political footballs, ever since Elbridge Gerry devised the Gerrymander back in the early 19th century. The Illinois law, for example, is admirably designed to give decenniel redistricting to a bipartisan commission, composed of an equal number of members from both parties. Yet if the commission cannot come up with a plan acceptable to both parties, a tie-breaker commission member is chosen at random (the name is picked from a hat once worn by Abraham Lincoln -- no joke!) and the party that ends up winning that random drawing, in effect, gets carte blanche to draw the districts the way it wants. The result: the commission is
always deadlocked, and the process
always ends up going to the tie-breaker. Illinois, in other words, literally pulls its redistricting plan out of a hat. So for the 1990 round, the Republicans won; in 2000, the Democrats won. Both parties devised audaciously partisan re-maps: get a look at Illinois's
Fourth congressional district some time (it has aptly been likened to a pair of earmuffs).
The point is, however, that once the ridiculous process concluded, both parties went back to the business of legislating. At some point, a defeated party is obligated to concede defeat.
[edited to provide link to a highly partisan but nevertheless informative website)