Off the Kuff Rotating Header Image

The broader implications of the Pasadena voting rights lawsuit

Buried in this Trib story about the ongoing saga of Pasadena’s voting rights lawsuit is this nugget about the state getting involved.

The case could reverberate beyond Pasadena’s city limits. Legal experts contend that a decision by the 5th Circuit could guide other courts around the country that are considering similar voting rights cases.

The Pasadena ruling also has the potential to help build a case against the state, which faces its own voting rights challenges in court, said Richard Murray, a political science professor at the University of Houston who has studied voting rights cases for decades.

In lifting federal electoral oversight for Texas and other jurisdictions in 2013, the U.S. Supreme Court noted that conditions for minority voters had “dramatically improved,” but the justices left open the possibility that political jurisdictions could be placed back under preclearance if they committed new discriminatory actions.

Earlier this year, Texas faced a barrage of federal court rulings that found the 2011 Legislature intentionally discriminated against voters of colors by passing a stringent voter ID law and re-drawing the state’s political maps. Those cases are still making their way through federal courts in Corpus Christi and San Antonio.

The Pasadena ruling — “particularly because it was so thoroughly stated and so strong and by a judge that has no history of favoring blacks or Latinos in redistricting cases” — could serve as “another brick in building this case that Texas has a recent history of discriminatory action,” Murray said.

In a sign that Texas leaders also see Pasadena as a potential problem for its own cases, state attorneys filed an amicus brief in support of the city’s appeal, arguing that preclearance “must be sparingly and cautiously applied” to avoid reimposing “unwarranted federal intrusion.”

Judge Rosenthal’s preclearance ruling in the Pasadena case was improper, the state contends, because it was imposed for a single incident of discrimination instead of pervasive and rampant discrimination.

Raise your hand if you’re surprised that the state got involved. I’m surprised it took them this long. It is not yet clear if the city of Pasadena will continue to pursue this appeal. New Mayor Jeff Wagner has said he will abide by the will of Pasadena City Council. He hasn’t said much about it since being elected, including when he might ask them for their opinion. The Fifth Circuit declined to overturn Judge Rosenthal’s injunction on using the 6-2 Council map, but they did not address the merits of the overall ruling, including the bail-in on Section 3 of the Voting Rights Act. I don’t know what the time frame for a hearing of that appeal at the Fifth Circuit might be, but broadly speaking it’s likely to be some time in 2018. Unless Pasadena decides to drop it and accept the lower court ruling, of course. Will the state’s intervention have an effect on that? We’ll know when Mayor Wagner asks Council to vote on the appeal.

Related Posts:

Leave a Reply

Bookmark and Share