Editorials & Other Articles

https://www.texastribune.org/2025/08/01/texas-congressional-redistricting-doj-coalition-districts/

Four of Texas’ congressional districts were unconstitutional, the department warned. Three, the 9th, 18th and 33rd, were unconstitutional “coalition districts,” where Black and Hispanic voters combine to form a majority. The 29th, while majority Hispanic, was also unconstitutional, the letter said, because it was created by its two neighbors being coalition districts.

This was a case from 2024, Petteway v Galveston. The issue was whether a district created in 2021 that abolished a long-standing majority minority district was permitted.

The VRA section 2 does not, the courts ultimately opined, mandate coalition voting districts. That is, if a district is 26% Latino, 28% black, combing them into a district that was at least 54% minority was not mandated. In fact, it was argued that this could constitute an improper dilution of both the black and Latino voting populations. Notice that the recent DOJ missive to TX is precisely based on this.

I'm not sure that the decision reached declared coalition minority majority districts unconstitutional. The underlying claim, sometimes heard but seldom via left-of-center sources, is that this constitutes a new legal basis permitting--if not requiring--boundaries be redrawn since the basis for their existence, the need to comply with race-based gerrymandering to comply with the VRA section 2 was voided. (Note that gerrymandering is sometimes required for reasons of race.)

The older case said that partisan gerrymandering was okay, but race-based gerrymandering that wasn't mandated was barred. Given that that often race correlated with party affiliation, it often appeared to be race-based. It's problematic, and you're left with assuming ill intent unless proven otherwise, versus okay intent until proven otherwise.