No bail in

No surprise, I’m afraid.

Texas won’t have to seek federal approval when state lawmakers draw new election maps in two years, a three-judge panel in San Antonio decided Wednesday. The judges, however, cautioned Texas that its next process will “undoubtedly” be subject to judicial scrutiny.

“Texas would be well advised to conduct its redistricting process openly,” U.S. District Judge Xavier Rodriguez wrote in the 27-page opinion.

The decision is a blow to civil rights groups that had asked for Texas to again face federal oversight, known as preclearance, following a years-long legal battle over Texas political maps drawn after the 2010 census, which federal courts have found intentionally discriminated against minority voters.

The plaintiffs have yet to decide what they will do next, said Jose Garza, lead counsel for the Mexican American Legislative Caucus. Garza noted the decision’s “strong language.”

“If you read the opinion in its entirety, the state doesn’t come up smelling very well,” he said.

See here, here, and here for the background, and here for a copy of the ruling. This doesn’t foreclose future litigation against the sure-to-be rigged maps the 2021 Lege will come up with – and if not them thanks to Democratic control of the House, the Legislative Redistricting Board – but it’s one less tool in the bag. The simple fact remains that Dems are going to have to win some elections while fighting uphill, and then once they have sufficient control of state government taking whatever steps are necessary to fix this. And if some time during the next decade we wake up in a world where Dems do have control of both chambers and the Governor’s office, redrawing all the maps a la 2003 would be a high priority in the subsequent session. Rick Hasen, the DMN, the Trib, and ThinkProgress have more.

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