{"id":2266652,"date":"2024-06-13T07:11:02","date_gmt":"2024-06-13T11:11:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-could-lose-seats-in-congress-after-biden-doj-gambled-on-a-local-commissioner-seat\/"},"modified":"2024-06-13T07:21:01","modified_gmt":"2024-06-13T11:21:01","slug":"democrats-could-lose-seats-in-congress-after-biden-doj-gambled-on-a-local-commissioner-seat","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-could-lose-seats-in-congress-after-biden-doj-gambled-on-a-local-commissioner-seat\/","title":{"rendered":"Democrats Risk Congressional Seats After Biden DOJ&#8217;s Local Commissioner Seat Gamble"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">22<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdemocrats-could-lose-seats-in-congress-after-biden-doj-gambled-on-a-local-commissioner-seat%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2266652&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>President Joe Biden\u2019s Department \u200bof \u2064Justice (DOJ) has sued Galveston County, Texas, claiming the county&#8217;s new district map unlawfully\u2064 eliminates a Democrat-held county seat, which violates the Voting \u2064Rights Act (VRA). Galveston\u200c County contends that the redrawn district maps are legitimate, arguing against the\u2064 concept of &#8220;coalition districts&#8221;\u2014where different minority groups\u200c are combined to form a \u2062majority that favors Democrats. The county suggests the VRA should only apply when there&#8217;s \u2063a\u200b single, sufficiently-sized racial minority group able to form \u200dthe majority in a district.<\/p>\n<p>The case, \u2064which\u200c deals with whether coalition districts \u2064can be recognized under \u200cthe VRA, has potential implications beyond Galveston\u2062 County. If the 5th Circuit\u2064 Court of Appeals decides in \u2063favor of the county, such a ruling\u200b could impact\u2064 Democrat-held congressional seats, especially in some areas of Texas, by rendering coalition\u2063 districts illegal in that\u2063 jurisdiction. The case may eventually reach the U.S. \u200dSupreme Vegas \u2064Court due to its significant implications on\u200d how districts across the country might\u2062 be drawn \u200bin future.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"article-content\">\n<p>President Joe Biden\u2019s Department of Justice (DOJ) sued a small Texas county for drawing its district map in a way that eradicated a sole Democrat-held county seat, arguing the map violates the Voting Rights Act (VRA). But the DOJ\u2019s decision to sue the county could backfire and potentially flip Democrat-held congressional seats after the county called its bluff and went to court over so-called \u201ccoalition districts.\u201d <\/p>\n<p>Galveston County\u2019s Precinct 3 is held by Democrat Stephen Holmes and has long been a Democrat stronghold. Until recently, the county lines had been drawn in such a way that they created a \u201ccoalition district,\u201d according to Paul Ready, general counsel for Galveston County. A \u201ccoalition district\u201d<strong> <\/strong>is a district in which no minority group could be a majority, but <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-administration-expected-to-bring-back-obama-era-school-discipline-rules-which-led-to-racial-quotas\/\" title=\"Biden Administration Expected To Bring Back Obama-Era School Discipline Rules, Which Led To Racial Quotas\">multiple minority groups<\/a> are then combined to form a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/report-some-democrats-concerned-their-voting-rights-bill-might-be-racist\/\" title=\"Report: Some Democrats Concerned Their \u2018Voting Rights\u2019 Bill Might Be Racist\">majority-minority district<\/a> to increase the chances of electing a candidate preferred by the minority groups \u2014 often a Democrat, Ready explained to The Federalist.<\/p>\n<div class=\"fdrlst__b89e9-paragraph-2-long d-flex justify-content-center\" style=\"margin-left: auto; margin-right: auto; text-align: center; \" id=\"fdrlst__b89e9-1126561285\">\n<div id=\"div-gpt-ad-1379703300879-0\" class=\"mb-30\"><\/div>\n<\/div>\n<div class=\"fdrlst__b89e9-a246c10d8351f04846810e2801ef914d fdrlst__b89e9-paragraph-2\" id=\"fdrlst__b89e9-a246c10d8351f04846810e2801ef914d\"><\/div>\n<p>Galveston County\u2019s brief to the 5th Circuit Court of Appeals, obtained by The Federalist, alleges that coalition districts \u201cpresent political, not racial, alliances.\u201d<\/p>\n<p>Democrats contend coalition districts are compliant with the VRA and have used these types of districts to amass political control by lumping together multiple minority groups to form a single majority-minority district, Ready explained. That\u2019s the position the Biden DOJ is taking now.<\/p>\n<p>Galveston County argues the VRA is only applicable if there is a sufficiently large enough <em>single<\/em> racial minority group to create a district where that racial group is in the majority \u2014 rather than patching together multiple minority groups that add up to a majority. If Galveston County prevails, its lawyers predict at least a dozen congressional seats that are Democrat strongholds could eventually be redrawn in a way that weakens Democrat power in Washington.  <\/p>\n<h2 class=\"wp-block-heading\">The Map<\/h2>\n<p>Galveston County is predominantly white, with the county\u2019s black and Latino population accounting for a combined 38.6 percent, according to Galveston County\u2019s brief. Between 2010 and 2020, the county reports, its population \u201cincreased by almost 60,000 people\u201d and, more specifically, the \u201cHispanic population increased from 22% to 25%\u201d while the black population \u201cdecreased from 14% to 12%,\u201d according to the county\u2019s brief. Galveston County Judge Mark Henry noted while speaking to The Federalist that a majority of the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/morning-wire-afghanistan-collapses-dc-wades-into-state-mask-battles-how-new-census-data-could-impact-elections\/\" title=\"Morning Wire: Afghanistan Collapses, DC Wades Into State Mask Battles, How New Census Data Could Impact Elections\">population growth occurred<\/a> in the northern part of the county. As county judge, Henry is the presiding officer of the Galveston Commissioners Court, where he is joined by four commissioners, one of whom represents Precinct 3.<\/p>\n<div class=\"fdrlst__b89e9-26b682c555b1bad95b4b5448849ace1a fdrlst__b89e9-paragraph-6\" id=\"fdrlst__b89e9-26b682c555b1bad95b4b5448849ace1a\"><\/div>\n<p>To better reflect the growing population, the county redrew its lines after the 2020 census came out. It was the first time since the Supreme Court\u2019s landmark 2013 decision in <em>Shelby County v. Holder<\/em> \u2014 which <a href=\"https:\/\/www.oyez.org\/cases\/2012\/12-96\" target=\"_blank\" rel=\"noreferrer noopener\">found<\/a> the VRA\u2019s metrics for determining which local voting districts require extra scrutiny by the DOJ were outdated and unconstitutional \u2014 that Galveston County did not need preclearance from the DOJ to redraw its maps. <\/p>\n<p>Galveston County was still subject to other provisions of the VRA, including Section 2 which stipulates that a violation happens if members \u201cof a [protected] class of citizens \u2026 have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.\u201d In simpler terms, for a VRA violation to occur, it would have to be proven that a minority group had the potential to elect a representative of its choice in the district but that district lines thwarted that opportunity. <\/p>\n<p>Notably, Section 2 was rewritten in the 1980s after a court ruled the original phrasing only barred intentional discrimination, as The New York Times <a href=\"https:\/\/www.nytimes.com\/1991\/04\/23\/us\/high-court-hears-arguments-on-election-of-judges.html\" target=\"_blank\" rel=\"noreferrer noopener\">reported<\/a>. The law was rewritten so that it could be used to challenge a districting plan \u201cthat had the effect of diluting minority voting strength, without the need to prove intent,\u201d according to the Times.<\/p>\n<p>Galveston County argues that there was neither a black nor Latino population sufficiently large or compact enough to create a majority-Latino or majority-black district, a fact on which, as the District Court for the Southern District of Texas acknowledged before the county\u2019s appeal to the 5th Circuit, \u201cboth parties agree.\u201d<\/p>\n<div class=\"fdrlst__b89e9-9f1d28241ab9714e946082d1e1b266a6 fdrlst__b89e9-paragraph-10\" id=\"fdrlst__b89e9-9f1d28241ab9714e946082d1e1b266a6\"><\/div>\n<p>Thus, Galveston County argues when it redrew its lines \u2014 putting Holmes\u2019 seat in jeopardy \u2014 it did not need to preserve a district in which a majority is cobbled together from multiple racial minority groups, since the VRA only applies if a <em>single<\/em> minority group is compact and sufficiently sized to make up a majority. The DOJ sued the county, arguing the VRA <em>does<\/em> protect coalition districts. <\/p>\n<h2 class=\"wp-block-heading\">Not DOJ\u2019s First Time Meddling In Galveston County<\/h2>\n<p>The DOJ previously <a href=\"https:\/\/www.justice.gov\/sites\/default\/files\/crt\/legacy\/2014\/05\/30\/l_120305.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">rejected<\/a> a map proposal put forward by Galveston County in 2011, arguing the proposal decreased the black population while increasing the Hispanic and white populations.<\/p>\n<p>The DOJ objected that relocating Galveston County\u2019s Bolivar Peninsula would reduce black voters\u2019 \u201cshare of the electorate in Precinct 3 while increasing both the Hispanic and Anglo populations.\u201d<\/p>\n<p>In a 2012 Statement of Interest, the DOJ <a href=\"https:\/\/www.justice.gov\/crt\/case-document\/si-petteway-v-galveston\" target=\"_blank\" rel=\"noreferrer noopener\">said<\/a> that the county\u2019s decision to decrease the black population of Precinct 3 from 35.2 percent to 30.8 percent while increasing the Hispanic population from 25.7 percent to 27.8 percent resulted \u201cin an overall decrease of 2.3 percentage points in the precinct\u2019s minority voting age population.\u201d<\/p>\n<p>To remedy their concern, the DOJ negotiated a new plan with the county that \u201cdecreased the Hispanic population while increasing the African American population,\u201d according to Galveston County\u2019s brief. That map was adopted, but Galveston County contends the DOJ prioritized black voters at the expense of Latino voters, Ready told the Federalist. <\/p>\n<h2 class=\"wp-block-heading\">How the Case Could Upend Congress<\/h2>\n<p>A three-judge panel heard the case before calling for the entire 5th Circuit panel to consider the legality of coalition districts.<\/p>\n<p>In a per curiam decision in November, the three judges said that prior decisions recognizing coalition claims were \u201cwrong as a matter of law.\u201d<\/p>\n<p>The 5th Circuit issued an en banc opinion in December granting Galveston County\u2019s request to stay any changes to the county\u2019s map pending the appeal. Concurring with the stay, nine judges wrote that \u201cat the end of the day, plaintiffs would read <em>\u00a7 <\/em>2 to require race-based redistricting with no logical endpoint. The County has shown a likelihood of success in arguing that is unlawful.\u201d <\/p>\n<p>Ready explained to The Federalist that if the 5th Circuit rules in favor of Galveston County, using the VRA to create coalition districts would be illegal in Texas, Louisiana, and Mississippi. Coalition districts in other states would remain unaffected unless the Supreme Court ruled on the matter, which Ready said is likely.<\/p>\n<p>Constitutional law expert Hans von Spakovsky told The Federalist he believes the 5th Circuit is likely to rule in favor of Galveston County. <\/p>\n<p>Ready believes there are at least five current House seats held by Democrats in Texas that could be affected should the 5th Circuit rule \u201ccoalition districts\u201d are illegal: Texas\u2019 7th District (Houston), 9th District (Houston), 18th District (Houston), 30th District (Dallas), and 32nd District (Dallas).<\/p>\n<p>\u201cThe Supreme Court is likely to hear this case after the 5th Circuit issues its decision for two reasons,\u201d Ready explained. \u201cThe Supreme Court is more likely to take cases where courts of appeals are split so federal law is more consistent across the country. There will be a split on the question of coalition districts no matter what the 5th Circuit decides because at least one other court of appeals has gone both ways.\u201d<\/p>\n<p>\u201cSecond, the entire Supreme Court considered the stay application in this case within days last December, which shows that the Justices of the Supreme Court think this is important,\u201d Ready continued.<\/p>\n<p>Spakovsky agreed that a split in the courts of appeals would act as a \u201cprime priority reason for the U.S. Supreme Court\u201d to take the case. However, he also noted that should the DOJ and its co-plaintiffs lose in the 5th Circuit, they may be reluctant to appeal to the Supreme Court out of fear of threatening other coalition districts in areas not encompassed by the 5th Circuit Court of Appeals.  <\/p>\n<p>Should the Supreme Court hear the case and rule in favor of Galveston County, Ready believes these 10 \u201ccoalition districts\u201d could be upended: Florida\u2019s 10th District (Orlando), 14th District (Tampa), 24th District (Miami), and 25th District (Fort Lauderdale); Georgia\u2019s 7th District (Marietta); Indiana\u2019s 7th District (Indianapolis); North Carolina\u2019s 1st and 12th Districts (Charlotte); Ohio\u2019s 11th District; and South Carolina\u2019s 6th District (Columbia).<\/p>\n<p>All of those districts are currently held by Democrats.<\/p>\n<div class=\"fdrlst__b89e9-722551e4f9f299bf640088d3c2a38918 fdrlst__b89e9-after-post-content\" id=\"fdrlst__b89e9-722551e4f9f299bf640088d3c2a38918\"><\/div>\n<hr class=\"wp-block-separator\">    \t\t\t\t\t   \t\t\t\t\t\t\t\t\t<\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>President Joe Biden&#8217;s DOJ sued a Texas county for redistricting that eliminated a Democrat-held seat, claiming it breaches the Voting Rights Act. However, this lawsuit might inadvertently risk flipping Democrat-held congressional seats<\/p>\n","protected":false},"author":74,"featured_media":2266653,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/06\/1280px-Home_of_the_US_Congress-e1718114266321.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-2266652","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/06\/1280px-Home_of_the_US_Congress-e1718114266321.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2266652","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/74"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2266652"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2266652\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2266653"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2266652"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2266652"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2266652"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}