Number: RS22479
Title: Congressional Redistricting: A Legal Analysis of the Supreme Court Ruling in League of United Latin American Citizens (LULAC) v. Perry
Authors: L. Paige Whitaker, American Law Division 
Abstract: In a highly splintered, complex decision, the U.S. Supreme Court in League of United Latin American Citizens (LULAC) v. Perry largely upheld a Texas congressional redistricting plan that was drawn mid-decade against claims of unconstitutional partisan gerrymandering. The Court invalidated one Texas congressional district, District 23, finding that it diluted the voting power of Latinos in violation of Section 2 of the Voting Rights Act. While not ruling out the possibility of a claim of partisan gerrymandering being within the scope of judicial review, a majority of the Court in this case was unable to find a "reliable" standard for making such a determination. In the 110th Congress, H.R. 543, the "Fairness and Independence in Redistricting Act of 2007," (Representative Tanner); H.R. 2248, the "Redistricting Reform Act of 2007," (Representative Lofgren); and S. 2342, the "Fairness and Independence in Redistricting Act of 2007," (Senator Johnson), would among other things, prohibit states from carrying out more than one congressional redistricting after a decennial census and apportionment, unless a court required the state to conduct subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965, and would require states to conduct redistricting through the use of independent commissions.
Pages: 6
Date: February 26, 2008