By Hank Russell
When Texas Governor Greg Abbott announced that the congressional districts would be redrawn at the behest of President Donald Trump, Republicans in the state Legislature worked on a new congressional map that Trump said would give the GOP an extra five seats, while Democrats not only decried the proposed change, they fled the state.
In response to the GOP’s actions, blue-state governors, including Kathy Hochul, have announced that they will also redraw their congressional maps, accusing the Lone Star Republicans of gerrymandering. Hochul said she will do this through a constitutional amendment. But while Hochul they questions the legitimacy of Texas’ proposed redrawn maps, it also raises the question of whether New York can change their maps as well.
What Is Gerrymandering?
The word “gerrymandering” is thrown around whenever elected officials decide to change up voting district maps. This is what it is.
According to History Rise, gerrymandering happens when politicians draw district lines that will benefit their own political party. This is done by including one group within its boundaries while excluding others. This can greatly affect the outcome of an election and disillusion voters into believing their vote doesn’t count.
Gerrymandering usually happens when states have to redraw their maps every 10 years after getting population numbers from the U.S. Census, says History Rise.
There are two techniques that gerrymandering politicians use: “packing” and “cracking.” Packing occurs when politicians try to pack in as many voters from their party into the district as possible. With cracking, politicians spread out opposing voters across numerous districts so that they cannot form a majority.
Is It Legal?
Although gerrymandering can be considered to be underhanded, it is not illegal. But that doesn’t mean these maps were free from legal challenges.
The first challenge happened in 1962. In Baker v. Carr, the Supreme Court ruled that federal courts can hear cases on redistricted maps. In other words, anyone who thought the new ma[s were unfair could bring them to court.
CNN reported that, in the 2019 case of Rucho v. Common Cause, the Supreme Court stripped the federal courts of their power to review any redistricted maps. The outlet reported that Chief Justice John Roberts wrote, “Fe dderal judges have no license to reallocate political power between the two major political parties.”
In an effort to keep these maps out of the courts, many states — including New York — have commissions to oversee these maps.
Can New York Change Their Maps?
Upon learning of what the GOP legislators in Texas were doing, Hochul said on Fox News she would “fight fire with fire,” adding, “We didn’t start this fight.”
The show’s host, Shannon Bream, pointed out that the state constitution prohibits the Legislature from drawing up a new map halfway through the 10-year period. When asked how she would get that done, Hochul said she will introduce an amendment and “put it to the people… “I’m not going to let our democracy be eroded away because there’s a blatant power grab to maintain power in our nation’s capital,” Hochul said. “This is what I call a legal insurrection. Legal insurrection.”
Bream also reminded Hochul that the state’s Court of Appeals tossed out a map in 2022 that favored Democrats, claiming it was “procedurally unconstitutional.” Hochul was quoted by The Washington Examiner as saying, ““Well, we follow the rules, and I want to call out the hypocrisy of the Republicans who are now whining about the fact that we’re doing something in New York. Where was the outrage when Donald Trump told Texas to just go find five seats for him? Come on. People aren’t going to buy this.”
As an end-around, Hochul announced she would introduce an amendment to the state’s constitution that would do away with the state’s Independent Redistricting Committee and have the state Legislature.
“I’m tired of fighting this fight with my hand tied behind my back,” Hochul was quoted as saying by City & State. “With all due respect to good government groups, politics is a political process. The reason we are able to draw the lines is because we’re Democrats, because the majority of people in the state elected us to be leaders, and when we say that we can’t use that power to the fullest, then we’re abdicating the responsibility that we all have.”
It is expected that this will be challenged in court. “I think you could expect a full legal battle, not just from Republicans, but good government groups,” NYS Young Republicans Chairman Peter Giunta told NY1.