Reversing decades of precedent, the U.S. Court of Appeals for the Fifth Circuit ruled in a Texas case that different minority groups cannot jointly claim that their votes have been diluted.
A federal appeals court further narrowed the scope of the 1965 Voting Rights Act, ruling that members of separate minority groups cannot join together to claim that a political map has been drawn to dilute their voting power.
The 12-to-6 ruling on Thursday by the full Fifth Circuit Court of Appeals overturned almost four decades of legal precedent, as well as an earlier ruling by a three-judge panel of the same appeals court. It applies only in Louisiana, Mississippi and Texas, the three states where the court has jurisdiction, but the decision has national implications and may be appealed to the Supreme Court.
The case involved districts for county commissioners in Galveston County, Texas, a community of about 350,000 people, where the last round of redistricting redrew a district in which Black and Hispanic voters together made up a majority of voters. The redrawn boundaries reduced their combined share of the district’s electorate to 38 percent, and a lawsuit claimed that doing so violated Section Two of the Voting Rights Act, which prohibits drawing maps that dilute minority voting power.
A lower court and the three-judge appellate panel both ruled that the new map was a clear violation of the law. But the full Fifth Circuit disagreed, saying that the law does not explicitly allow voters from more than one minority group to “combine forces” to claim their votes were diluted.
The 12 judges in the majority were all appointed by Republican presidents. Five of the six dissenters were named by Democratic presidents.
Source: Elections - nytimes.com
