Supreme Court orders Texas judges to redraw congressional, legislative maps

WASHINGTON, Jan. 20 (UPI) -- The U.S. Supreme Court, in a ruling Friday, shot down a Texas congressional district map drawn up by federal judges in San Antonio.

Two hours later, the court stayed a West Virginia court's ruling rejecting a new plan for electing the state's three congressmen.

The court issued an 11-page unsigned order in the Texas case that said the judges should have paid more attention to maps drawn by the state Legislature and ordered them to draw a new series of maps based on the Legislature's. They have a Feb. 1 deadline.

Justice Clarence Thomas issued a concurring opinion arguing for overturning the Voting Rights Act itself.

"Redistricting is primarily the duty and responsibility of the state," the court said. "The failure of a state's newly enacted plan to gain pre-clearance prior to an upcoming election does not, by itself, require a court to take up the legislature's task. In most circumstances, the state's last enacted plan simply remains in effect until the new plan receives pre-clearance."

Texas has gained four congressional seats because of increases in its population. The map drawn by the Legislature, which may have to be redrawn after this year's election to comply with the Voting Rights Act, was challenged in court by a Hispanic group and the U.S. Justice Department. It would have made all four districts likely Republican ones. The map drawn by the San Antonio tribunal would likely have resulted in three of the districts going to Democrats. Maps for the state House also need to be redrawn.

"This is a big win for Texas, and will require the drawing of districts much more likely to favor Texas's interim plan," Richard L. Hasen, an election law expert at the University of California, Irvine, told The New York Times in an e-mail.

In the West Virginia case, the court raised doubt about the necessity of ensuring equal population among districts. The ruling means West Virginia can conduct elections this year to choose its representatives in Congress using a map created by the state Legislature.