AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.

THE GREAT ELECTION GRAB.(U.S. Supreme Court to consider complex question of redistricting and its potential abuse)

The New Yorker

| December 08, 2003 | Toobin, Jeffrey | COPYRIGHT 2003 All rights reserved. Reproduced by permission of The Condé Nast Publications Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

With his West Texas twang, loping swagger, and ever-present cowboy boots, Charlie Stenholm doesn't much look like or sound like anybody's idea of a victim. Since 1979, he has been the congressman for a sprawling district west of Dallas, and his votes have reflected the conservative values of the cattle, cotton, and oil country back home. He opposes abortion, fights for balanced budgets, and voted for the impeachment of President Clinton. His Web site features photographs of him carrying or firing guns. Through it all, though, Stenholm has remained a member of the Democratic Party, and for that offense he appears likely to lose his job after the next election.

Stenholm was a principal target in one of the more bizarre political dramas of recent years--the Texas redistricting struggle of 2003. Following the 2000 census, all states were obligated to redraw the boundaries of their congressional districts in line with the new population figures. In 2001, that process produced a standoff in Texas, with the Republican state senate and the Democratic state house of representatives unable to reach an agreement. As a result, a panel of federal judges formulated a compromise plan, which more or less replicated the current partisan balance in the state's congressional delegation: seventeen Democrats and thirteen Republicans. Then, in the 2002 elections, Republicans took control of the state house, and Tom DeLay, the Houston-area congressman who serves as House Majority Leader in Washington, decided to reopen the redistricting question. DeLay said that the current makeup of the congressional delegation did not reflect the state's true political orientation, so he set out to insure that it did.

"This was a fundamental change in the rules of the game," Heather Gerken, a professor at Harvard Law School, said. "The rules were, Fight it out once a decade but then let it lie for ten years. The norm was very useful, because they couldn't afford to fight this much about redistricting. Given the opportunity, that is all they will do, because it's their survival at stake. DeLay's tactic was so shocking because it got rid of this old, informal agreement." But Texas law contained no explicit prohibition on mid-decade redistricting, so the leadership of the state government, now unified in Republican hands, tried during the summer of 2003 to push through a new plan. Democrats attempted novel forms of resistance. In May, fifty-one House members fled to Oklahoma, to deprive the new leadership of a quorum; in July, a dozen senators decamped to New Mexico, for the same purpose. But defections and the passage of time weakened Democratic resolve, and, on October 13th, the plan sponsored by DeLay was passed.

"They did everything they could to bust up my political base," Stenholm told me. "They drew my farm and where I grew up into the Amarillo district, and they drew Abilene, where I live now, into the Lubbock district." As a result, Stenholm will be forced to run in one of these districts if he wants to remain in the House. The new map creates similar problems for half a dozen other incumbent Texas Democrats, so the reapportionment may add as many as seven new Republicans to the G.O.P. majority in the House of Representatives and shift the state's delegation to 22-10 in favor of the Republicans. "Politics is a contact sport," Stenholm said. "I've been in this business twenty-five years. I will play the hand I was dealt."

In Texas and elsewhere, redistricting has transformed American politics. The framers of the Constitution created the House of Representatives to be the branch of government most responsive to changes in the public mood, but gerrymandered districts mean that most of the four hundred and thirty-five members of Congress never face seriously contested general elections. In 2002, eighty-one incumbents ran unopposed by a major party candidate. "There are now about four hundred safe seats in Congress," Richard Pildes, a professor of law at New York University, said. "The level of competitiveness has plummeted to the point where it is hard to describe the House as involving competitive elections at all these days." The House isn't just ossified; it's polarized, too. Members of the House now effectively answer only to primary voters, who represent the extreme partisan edge of both parties. As a result, collaboration and compromise between the parties have almost disappeared. The Republican advantage in the House is modest--just two hundred and twenty-nine seats to two hundred and six--but gerrymandering has made the lead close to insurmountable for the foreseeable future.

There is, it appears, just one chance to change the cycle. On December 10th, the United States Supreme Court will hear arguments in a case that could alter the nature of ...

Related articles from newspapers, magazines, journals, and more
Supreme Court Justices Unknown to Most Americans, Says New Survey.
Press release article from: PR Newswire January 10, 2006 700+ words
...Judge Samuel Alito to the U.S. Supreme Court, most Americans draw a blank...of the current members of the Supreme Court. Fifty-seven percent of Americans can't name any current Supreme Court justices, according to a new...
SUPREME COURT
Reference information from: Young Students Learning Library January 1, 1996 700+ words
00-00-0000 The Supreme Court is the highest court in the United...States shall be vested in one Supreme Court, and in such inferior [lower...ordain and establish.'' The Supreme Court heads the judicial branch of the...
Supreme Court shift favors employers; Bush appointees make pro-business rulings...
Magazine article from: Business Insurance Jr, Gerald L. Maatman October 1, 2007 700+ words
...Byline: Gerald L. Maatman Jr. The Supreme Court's 2006/2007 term has enhanced expectations...Associate Justice Samuel Alito-the Supreme Court shifted decidedly to the right on workplace...amp; Rubber Co., in which the Supreme Court determined that pay decisions are discrete...
Supreme Court to consider ending execution of juveniles.(St. Louis...
Newspaper article from: Knight Ridder/Tribune News Service Branch-Brioso, Karen January 26, 2004 700+ words
...WASHINGTON _ Fifteen years after the Supreme Court said the Constitution doesn't bar...sentenced to death, but the Missouri Supreme Court overturned the sentence in August...when they committed their crimes. The Supreme Court's decision Monday to review the case...
Supreme Court hears more conflicting views at hearing on Davide impeachment...
Newspaper article from: Manila Bulletin November 6, 2003 700+ words
...case, said the Supreme Court has no jurisdiction...government. Deputy House Speaker Raul Gonzales...pronouncements that the House of Representatives...expected that the Supreme Court will rule on the...justice when the Supreme Court issued last week...effect, barred the ...
Supreme Court to consider ending execution of juveniles.
Newspaper article from: St. Louis Post-Dispatch (St. Louis, MO) January 26, 2004 700+ words
...WASHINGTON _ Fifteen years after the Supreme Court said the Constitution doesn't bar...sentenced to death, but the Missouri Supreme Court overturned the sentence in August...when they committed their crimes. The Supreme Court's decision Monday to review the case...
SUPREME COURT NOMINATION:JOHN CORNYN
Transcript from: Congressional Testimony July 13, 2009 700+ words
...only 110 people who served on the Supreme Court. We should all stop and think about...Justices. That means each and every Supreme Court nomination is a historic moment for our Nation. Each Supreme Court nomination is a time for a national...
US Supreme Court takes up tobacco case for third time.(USA)
Newspaper article from: The Christian Science Monitor Richey, Warren December 4, 2008 700+ words
...Williams and Philip Morris returned to the Supreme Court for a third time to face a lineup of...state and federal power. Twice the US Supreme Court asked the Oregon courts to reexamine...Both times, Philip Morris asked the Supreme Court to intervene. How a majority of justices...
For more facts and information, see all results
©2009 Gale, a part of Cengage Learning. All rights reserved.
About us | FAQs | Contact us | Privacy policy | Terms and conditions
Other Gale sites: Encyclopedia.com | HighBeam Research | Acquire Content | Books & Authors | Goliath | MovieRetriever | Smart QandA