{"id":14111,"date":"2016-04-06T14:17:25","date_gmt":"2016-04-06T19:17:25","guid":{"rendered":"http:\/\/hcstx.org\/?p=14111"},"modified":"2016-04-06T14:17:25","modified_gmt":"2016-04-06T19:17:25","slug":"texas-news-supreme-court-gets-it-wrong-again-non-citizens-should-not-be-counted","status":"publish","type":"post","link":"https:\/\/thetacticalhermit.com\/index.php\/2016\/04\/06\/texas-news-supreme-court-gets-it-wrong-again-non-citizens-should-not-be-counted\/","title":{"rendered":"Texas News: Supreme Court Get’s It Wrong Again…Non-Citizens SHOULD NOT be Counted"},"content":{"rendered":"

The Federal Judicial Branch is more screwed up than a soup sandwich. Bad Call. -SF<\/strong><\/em><\/p>\n

\"SC\"<\/p>\n

In a loss for voters, the Supreme Court has ruled unanimously against two residents of Texas who had argued that the Texas legislature diluted their votes when it used total population to redraw state Senate districts.<\/p>\n

In Evenwel v. Abbott<\/a><\/strong>, the Supreme Court allowed states to use total population in redrawing district lines, even though that this includes a large number of noncitizens (legal and illegal), felons, and others who are ineligible to vote.<\/p>\n

Sue Evenwel and Edward Pfenninger challenged the state Senate districts drawn by the Texas legislature using total population in 2013. They claimed that both the number of citizens of voting age and the number of registered voters in their districts deviated substantially\u2014between 31 and 49 percent\u2014from the \u201cideal\u201d population of a Texas Senate district. They argued that this disparity significantly diluted their votes in comparison to those of voters who live in districts with large numbers of non-voters.<\/p>\n

\u00a0According to this logic, their votes were worth roughly half those of voters in other districts. In other words, they claimed that their Senate districts had the same number of representatives as other districts that contained the same number of people but only half the number of eligible voters.<\/strong><\/em><\/p><\/blockquote>\n

This is a particular problem in Texas, which has<\/a> almost two million illegal aliens, about seven percent of the state\u2019s population.<\/p>\n

\u2018One Person, One Vote\u2019<\/strong><\/p>\n

By way of background, state legislatures reapportion voting districts for their state and federal representatives following each decennial Census.\u00a0The guiding principle for states\u2014\u201cone person, one vote\u201d\u2014requires that all voters have approximately equal voting power.<\/p>\n

This principle comes from a line of cases<\/a> decided by the Supreme Court in the mid-1960s. Prior to that time, the Court had refused to intervene in redistricting controversies, claiming it was a \u201cpolitical question\u201d that the courts should not consider.<\/p>\n

According to the Court, the \u201cone person, one vote\u201d principle that it read into the Fourteenth Amendment\u2019s Equal Protection Clause requires that \u201cseats in both houses of a bicameral state legislature must be apportioned on a population basis.\u201d<\/p>\n

The Court never defined what population basis states could use. When the Court previously declined to hear a 2001 case similar to Evenwel v. Abbott, Justice Thomas Clarence observed that the Court \u201cleft a critical variable \u2026 undefined \u2026 the relevant \u2018population\u2019 that States and localities must equally distribute among their districts.\u201d<\/p>\n

Urban Lawmakers Dominate<\/strong><\/p>\n

Before the Supreme Court\u2019s creation of the \u201cone person, one vote\u201d principle, many states had refused to redistrict for more than half a century, despite a dramatic nationwide population shift from rural to urban areas.<\/p>\n

These state legislatures were dominated by rural legislators, who were not willing to reapportion and lose their power and control. The \u201cone person, one vote\u201d principle led to legislative districts being redrawn in nearly every state and urban areas gaining a large number of legislative seats.<\/p>\n

Today, lawmakers from urban areas dominate many state legislatures the way rural areas used to because of the huge influx of noncitizens, both legal and illegal, into predominantly urban settings. The Court\u2019s decision in Evenwel is a refusal to correct this problem, in sharp contrast to what it did sixty years ago when the situation was reversed.<\/p>\n

Claims of vote dilution have been the driving force of redistricting cases for decades, and the Court has affirmed dozens of judgments against states and local governments for diluting the votes of its minority residents. Yet in Evenwel v. Abbott, the Court failed to enforce its \u201cone person, one vote\u201d principle evenhandedly. With this ruling, the Supreme Court has sanctioned states\u2019 dilution of citizens\u2019 votes.<\/p>\n

Total Population<\/strong><\/p>\n

The Court has concluded that states may base their legislative districts on total population. In an opinion for six\u00a0members of the Court, Justice Ruth Bader Ginsburg found that history, the Court\u2019s precedents, and the settled practice of states using total population make clear that \u201cit is plainly permissible for jurisdictions to measure equalization by the total population of state and local legislative districts.\u201d<\/p>\n

The majority also pointed out:<\/p>\n

[N]onvoters have an important stake in many policy debates \u2026 and in receiving constituent services, such as help navigating public-benefits bureaucracies. By ensuring that each representative is subject to requests and suggestions from the same number of constituents, total-population apportionment promotes equitable and effective representation.<\/p><\/blockquote>\n

The problem with that analysis is that noncitizens, particularly illegal aliens, are not entitled to any representation, constituent services, or public benefits. Their presence distorts the redistricting and apportionment process and shifts political power in a way that is fundamentally unfair to citizens, both those eligible to vote and those, like children, who are not eligible.<\/p>\n

There is also no credible basis for the claim that representatives would choose to vary the amount of help they give to constituents depending on how large the population is in their districts.<\/p>\n

Justices Thomas and Samuel Alito agreed with the majority\u2019s conclusion but not its reasoning. Writing separately, Thomas noted that the Court has never provided a sound basis for the \u201cone person, one vote\u201d principle and has struggled to define what that principle protects. Thomas concluded that Evenwel and Pfenninger are right that the Court\u2019s \u201cone person, one vote\u201d precedents are based on \u201cthe theory that eligible voters have a right against vote dilution.\u201d In his view, the majority\u2019s reasoning \u201crests on a flawed reading of history and wrongly picks one side of a debate that the Framers did not resolve in the Constitution.\u201d<\/p>\n

Alito pointed out one of the only redeeming features of this decision. Texas asked the Court to also rule on whether states \u201care not barred from using eligible voter statistics\u201d to draw boundary lines instead of total population.<\/p>\n

This question \u201cimplicates very difficult theoretical and empirical questions about the nature of representation.\u201d Alito stated the Court has \u201cno need to wade into these waters in this case\u201d and can consider it \u201cif and when\u201d the Court gets a redistricting plan that \u201cuses something other than total population as the basis for equalizing the size of districts.\u201d<\/p>\n

State legislatures should consider changing their rules and laws governing redistricting to make citizen population the standard for drawing legislative districts, not total population. That is the best way to protect the value of citizens\u2019 right to vote.<\/p>\n

Read the Original Article at Daily Signal<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The Federal Judicial Branch is more screwed up than a soup sandwich. Bad Call. -SF In a loss for voters, the Supreme Court has ruled unanimously against two residents of Texas who had argued that the Texas legislature diluted their votes when it used total population to redraw state Senate districts. In Evenwel v. Abbott,…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_newsletter_tier_id":0,"jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[74,4892,1635,3553,3725],"tags":[3129,10933,10934,10935],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/posts\/14111"}],"collection":[{"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/comments?post=14111"}],"version-history":[{"count":0,"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/posts\/14111\/revisions"}],"wp:attachment":[{"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/media?parent=14111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/categories?post=14111"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thetacticalhermit.com\/index.php\/wp-json\/wp\/v2\/tags?post=14111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}