In the Texas suburbs, Latino communities are growing but are generally not large enough to create congressional opportunity districts, said Nina Perales, vice president of litigation at the Latino civil rights organization MALDEF, which is suing Texas officials for failing to draw Latino-majority districts in urban areas of Dallas-Fort Worth and Houston, as well as in South Texas.
Understand How U.S. Redistricting Works
Card 1 of 8What is redistricting? It’s the redrawing of the boundaries of congressional and state legislative districts. It happens every 10 years, after the census, to reflect changes in population.
Why is it important this year? With an extremely slim Democratic margin in the House of Representatives, simply redrawing maps in a few key states could determine control of Congress in 2022.
How does it work? The census dictates how many seats in Congress each state will get. Mapmakers then work to ensure that a state’s districts all have roughly the same number of residents, to ensure equal representation in the House.
Who draws the new maps? Each state has its own process. Eleven states leave the mapmaking to an outside panel. But most — 39 states — have state lawmakers draw the new maps for Congress.
If state legislators can draw their own districts, won’t they be biased? Yes. Partisan mapmakers often move district lines — subtly or egregiously — to cluster voters in a way that advances a political goal. This is called gerrymandering.
What is gerrymandering? It refers to the intentional distortion of district maps to give one party an advantage. While all districts must have roughly the same population, mapmakers can make subjective decisions to create a partisan tilt.
Is gerrymandering legal? Yes and no. In 2019, the Supreme Court ruled that the federal courts have no role to play in blocking partisan gerrymanders. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering.
Want to know more about redistricting and gerrymandering? Times reporters answer your most pressing questions here.
The targets in the suburbs, she said, are more often multiracial communities where no single racial group could form a majority in a congressional district, but multiple racial groups with aligned interests and political preferences could.
But state legislative districts can be a different story.
“If an incumbent started out last decade in a district that was not majority Latino, but through the course of the decade, with the incremental growth and relative growth of communities, their district has become majority Latino — that’s when we are concerned that it could lead to the dismantling of an existing Latino-majority district,” said Thomas A. Saenz, the president and general counsel of MALDEF. And because of demographic patterns since 2010, a lot of the districts that fit that description are in the suburbs.
Maps that disadvantage people of color are not unique to Republicans. In Illinois, where Democrats are aggressively gerrymandering, Saenz cited a State Senate seat in the western suburbs of Chicago that is held by a white Democrat. That district — currently the 12th, but renumbered as the 11th on the new map — gained a Latino majority over the past decade, and legislators redrew it in a way that eliminated the majority, a move MALDEF is challenging.
But most of the gerrymandering is Republican, both because Republicans control the drawing of far more districts than Democrats do and because demographics are shifting in Democrats’ favor.
“You’re really starting to see the emergence of a new multiracial America, the politics of the future,” Li, of the Brennan Center for Justice, said. “And instead of deciding to compete for that future, Republicans have decided to kick the can down the road and try to gerrymander their way out of their problem.”