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“Not Insubstantial” and Texas Redistricting

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Last week, a  three-judge San Antonio panel hearing legal challenges to maps passed by the 82nd Texas Legislature, drew interim maps applying the “not insubstantial” standard announced in Perez v. Plaintiff, an expedited Supreme Court ruling invalidating the previously drawn interim maps.  The District Court for the District of Columbia has not issued a ruling on the Section 5 preclearance challenges and thus the San Antonio panel had to make an educated guess at how the three-judge panel in Washington, D.C. may or may not rule.

Opinions justifying the new lines for congressional and Texas House districts have not been issued.  But the court will undoubtedly interpret the “not insubstantial” standard regarding districts that are facing Section 5 challenges.  No federal district court has interpreted the new standard.

Stay tuned for additional analysis.

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Written by Admin

March 4, 2012 at 5:35 pm

Posted in Uncategorized

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