Trinity professor on DOJ map suit: 'I would be shocked if the 2022 Legislature revises the map unless prompted to do so by the courts'

Local Government
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Texas Attorney General Ken Paxton | Facebook

The U.S. Department of Justice will challenge newly drafted maps for Texas congressional and state House districts. The DOJ, in a lawsuit filed Dec. 6, alleges the districts discriminate against people of color.

Jesse Crosson, an assistant professor of political science at Trinity University in San Antonio, said this is hardly a surprise.

“Without asking the Texas attorney general and governor directly, I can't say for sure — but I would be shocked if they didn't anticipate a suit,” Crosson told Austin Journal.


Jesse Crosson of Trinity University. | Trinity University

Texas Attorney General Ken Paxton said in a Dec. 6 tweet that the DOJ's challenge is simply another example of President Joe Biden interfering with the political process of Texas.

“Texas’ 2021 redistricting plans were enacted through a rushed process, with minimal opportunity for public comment, without any expert testimony, and with an overall disregard for the massive minority population growth in Texas over the last decade,” Associate Attorney General Vanita Gupta said.

“Texas’ population grew by 4 million people from 2010 to 2020, and 95% of that growth came from minority populations,” Gupta said in announcing the lawsuit. “Despite this significant increase in the number and proportion of eligible Latino and black voters in Texas, the newly enacted redistricting plans will not allow minority voters an equal opportunity to elect representatives of their choice. Instead, our investigation determined that Texas’ redistricting plans will dilute the increased minority voting strength that should have developed from these significant demographic shifts.”

Texas will gain two seats in the U.S. House of Representatives, bringing its total to 38, second largest in the nation to California's 52.

Crosson said other states have seen their maps challenged by the federal government, so Texas should have anticipated this, especially since it previously had to have its new districts approved in advance. Some of the new districts were bound to raise a few questions, so a legal fight wasn’t a shock.

“However, it is likely more politically and strategically beneficial to appeal, particularly since the lawsuit is coming from a Democratic president who is highly unpopular in Texas,” Crosson said.

Will the 2022 Texas Legislature seek to revise the map?

“I would be shocked if the 2022 Legislature revises the map unless prompted to do so by the courts,” Crosson said. “There is very little reason to do so. Certainly, some Democrats in the state Legislature will try to raise the issue for symbolic reasons, but I don't anticipate that will go anywhere.”

Paxton said Biden was behind this legal challenge, which he predicted will fail.

“The Department of Justice’s absurd lawsuit against our state is the Biden administration’s latest ploy to control Texas voters,” Paxton’s office said in a Dec. 6 tweet. “I am confident that our legislature's redistricting decisions will be proven lawful, and this preposterous attempt to sway democracy will fail.”