As Texas defends against accusations that its new political maps are discriminatory, it’s laying the groundwork to ask the U.S. Supreme Court to throw out longstanding Voting Rights Act protections.
when enacting new maps — which legal experts have argued makes it harder to convince the courts of violations.
The fallout if the Supreme Court agreed with the state on either argument would be radical, upending long established procedures for litigating claims of discrimination in voting and redistricting, and making it harder to enforce what has endured as the chief federal protection for voters of color in a post-preclearance world.
If the high court ultimately decides redistricting lawsuits simply aren't allowed under Section 2, the recourse left for Texans of color to challenge political maps would be litigation under the U.S. Constitution’s broader promise of equal protection. The more “aggressive attacks” on Section 2 have come as it’s getting harder for Republicans to comply with the law while preserving their power, Hasen said.
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