
by David J. Toscano
โUnprecedentedโ and โoutrageousโ were the words most often heard in response to Texas Republicansโ attempted mid-cycle redraw of congressional maps to boost GOP odds of keeping control of the U.S. House after the midterms. Now, a federal district court has concluded that the legislatureโs new plan is an unconstitutional racial gerrymanderโplacing the strategy in jeopardy and leaving Republicans wondering whether this power play was worth the trouble.
Reading Judge Jeffrey Brownโs opinion brought back memories of my time in the Virginia General Assembly, including my years as House Democratic leader. Brown, a Trump appointee, cited the Virginia case that overturned the Virginia GOPโs 2011 redistricting plan to underscore his conclusion that Texas Republicans relied on race in drawing their maps. The parallels between the two states are striking.
The Virginia Precedent
When Virginia Republicans drew the 2011 maps, they controlled the governorship and both legislative chambersโconditions like those in Texas today. Unlike Texas, however, Democrats in Virginia regularly won statewide races, including those for Governor and every presidential contest since 2008. Despite this statewide success, Republicans maintained large majorities in the Virginia House for years, aided by a partisan and racially discriminatory gerrymander. Much of this can be traced to the GOPโs national strategy after Barack Obamaโs 2008 victory. Republicans invested heavily in winning state legislatures so they could shape congressional redistricting. And they succeeded. In Virginia, the 2011, 2013, and 2015 House elections were conducted using maps designed to entrench GOP control. In 2016, the GOP held a 66-34 majority in the Virginia House.
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