Supreme Court Jumps Into the Political Fray

Dec. 15, 2005 — -- With the case of Bush vs. Gore in 2000, the Supreme Court made it abundantly clear it was willing, when appropriate, to delve into the political thicket. Now the court again has jumped into the fray, this time involving the controversial 2003 Texas redistricting plan that culminated in Republicans garnering more congressional seats.

But the gains at the ballot box have not come without a price. Rep. Tom Delay, R-Texas, was chastised by the House Ethics Committee for using a federal government agency to track down a private aircraft carrying Democratic legislators, and he has been indicted by a Texas grand jury on state money laundering charges.

Democrats vehemently opposed the plan engineered by DeLay in an unusual mid-decade reapportionment that resulted in Republicans capturing 21 of the state's 32 congressional seats. Democrats argued that the plan was partisan-motivated and diluted the voting rights of Latinos and blacks. Interestingly, career Department of Justice lawyers agreed, but they were overruled by Bush political appointees, allowing the DeLay-backed redistricting map to proceed.

A lower federal appeals court upheld the map, calling it constitutional. In an unusual move, the Supreme Court is consolidating four separate challenges to the plan and scheduling a two-hour argument on March 1. That's significant, as a court decision by end of June could impact the 2006 elections.

The timing of this case is also significant because a previous ruling by the Supreme Court in 2004 upheld -- in a close 5-4 vote -- a Pennsylvania redistricting plan orchestrated by Republicans. That case seemed to shut the door to future Democratic challenges. But William Rehnquist has been replaced by Chief Justice John Roberts. Samuel Alito may take over for the retiring Sandra Day O'Connor. So Democrats are hopeful that the changing high court may be more amenable to considering claims of political gerrymandering.

As for DeLay, his legal problems caused him to step down as House majority leader. His lawyers have been pressing hard for an immediate trial so DeLay can resume his position if he is exonerated. But prosecutors are objecting, saying they want to appeal a ruling by the trial judge dismissing one of the charges.