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Speaker 1: This week's episode of the Tribcast is brought to you

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by south By Southwest. Hello, and welcome to the Texas

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Tribune Tribcast for Tuesday, November twenty fifth. I'm Eleanor Klibanoff,

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redistricting report uh law and politics reporter, basically redistricting.

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Speaker 2: Reporter for the Texas Tribute.

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Speaker 1: Yeah one and the same, joined this week by special

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guest host, politics editor Jasper Schaer.

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Speaker 3: Jasper, how are you?

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Speaker 4: I'm good, Thanks for thanks for having me. I feel

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like this is this is the appropriate topic to be discussing.

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It has dominated our work lives, so glad, We're glad

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we're doing it.

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Speaker 1: Like we both need a place to process through what

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has happened in the last week.

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Speaker 2: Therapy session, Yeah.

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Speaker 3: Therapy session.

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Speaker 1: Matthew is having probably an actual therapy session, and you

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know his is off for the week, well deserved after

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very busy trip fest. But for those of you traveling

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for the holidays or looking to escape your families for

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about forty minutes, we are here for you to bring

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you into our weird family of our feuding uncles Jeff

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Brown and Jerry Smith. We're gonna talk this week, obviously

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about redistricting and just sort of walk through where things stand.

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Speaker 3: But it's been a crazy week or so.

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Speaker 4: Yeah, yeah, the last as they say, the last week

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has been a crazy year. And yeah, I just feel

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like everyone involved in the Texas political arena is experiencing

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some whiplash with just how you know, especially thinking of

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these these candidates who you know, essentially they're for a

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lot of them, they're like political futures are going to

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be dictated by you know, they're kind of at the

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whim of the Supreme Court within the next hopefully next

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week or so. I mean, I know the state has

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asked for a specific deadline for the High Court to

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step in, but I don't know, it's I guess we

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have the real deadline is December eighth, that's the filing deadline.

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But I think ideally, you know, we'll get some sort

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of ruling with a little bit of runway for candidates

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to decide what they're what they're going.

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Speaker 2: To do here.

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Speaker 1: Yeah, hopefully, I mean where it stands now basically is

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that the okay, so the to walk us through this.

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Last Tuesday, the District Court three judge panel issued their

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ruling basically saying Texas's twenty twenty five maps. The maps

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they drew over the summer showed a high likelihood that

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they engaged the lawmakers engage in racial jerry mandering and

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drawing the maps they should not be used for the

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twenty twenty six elections while sort of that case proceeds

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onward through the legal system.

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Speaker 2: Which could take months, years, years.

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Speaker 1: Yeah, Like we just had the hearing for the twenty

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twenty one maps earlier summer. So they were like, while

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we sort that out, just go back and use the

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twenty twenty one maps that again are still under legal review.

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Speaker 4: But right and also still you know, also a partisan jerrymander.

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But you know, I think we would be remiss if

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we didn't point out that it's still the both of

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these maps heavily advantaged Republicans were just talking about totally right,

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one that would potentially advantage them even more.

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Speaker 1: Right, right, Like Republicans remain the dominant political force in Texas.

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The twenty twenty one map was drawn by Republican lawmakers

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to support Republican candidates, maybe more to support incumbents than

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to take like a very aggressive tack towards building Republican districts,

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but a very I mean that's why that it's one

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of the reasons that that map was challenging court was

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that plaintiffs were unhappy with both what they saw as

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racial jerrymandering, but also you know, it was a very

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aggressive Republican map.

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Speaker 2: Right yeah.

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Speaker 4: I mean I think just sort of you know, overarching summary.

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I mean, the state has thirty eight congressional districts, and

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you know what we're talking about between these two maps

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is you know, a current layout where Republicans pretty almost

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automatically control twenty five of those thirty eight seats unless

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we see a you know, a mega blue wave in November,

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and that's you know, compared to this twenty twenty five

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map that would you know, secure up to thirty seats

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for Republicans. I think, you know, maybe somewhere in the

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ballpark of twenty eight to thirty, depending on how I

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think those those two South Texas districts are kind of

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the most iffy for Republicans, which which we can talk about,

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but you know, it's we're kind of talking about a

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sliding scale of like a three to five seat difference.

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Speaker 1: Which could make a huge difference in the US House.

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It's a little bit less I mean to these candidates.

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It's relevant in Texas, but this is much more of

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a national situation.

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Speaker 4: That does happen to be roughly the margin of you know,

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the how closely the house is divided right now?

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Speaker 2: So there you go.

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Speaker 1: So these judges, so the three judge panel redistricting cases

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are weird. They go before three judges instead of one.

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They issued this ruling from two of the three judges

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last Tuesday, saying there's evidence Texas virtually jerrymanderd used the

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twenty twenty one maps while we sort this out. Unsurprisingly,

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Texas appealed that to the Supreme Court. Again, redistricting is weird.

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It goes directly the Supreme Court. We can talk about

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what the third judge had to say, but that's sort

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of less relevant to the timeline.

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Speaker 2: But do you have something to say?

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Speaker 3: Yeah, I have a few things to say.

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Speaker 1: So Supreme Court Justice Samuel Alito, who oversees cases from

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Texas or emergency orders from Texas, stepped in granted a

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temporary administrative stay, sending Texas back to the twenty twenty

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five maps on Friday night while they figure out whether

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or not they want what map they want Texas to use.

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While all of this proceeds, and so we are now

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currently in theme. Is possible by the time this you

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hear this, it has already been resolved. But in all

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likelihood we're still in the waiting game of you know,

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what will the Supreme Court say, not even did Texas

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racially jerrymander or is the map unconstitutional or did the

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DJ let her mean anything. All we're going to find

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out is what map should Texas use while the Supreme

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Court appeal proceeds, which, considering the as you said, the

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short timeline, is likely to have huge impacts.

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Speaker 2: Yeah, for sure.

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Speaker 4: I mean, I guess I'm curious from you from your standpoint,

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from your reporting and just kind of looking at the

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precedent when situations like this have happened before in other states.

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I mean, I guess I am curious, you know, if

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the fact that Alito, you know, issued this this short

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term decision, you know, if we can read anything kind

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of from the tea leaves out of that. And I

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guess I'm also you know, wondering if you know, typically

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the sp Court has established in the past that it

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will you know, lean in the direction of stepping in

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and you know, keeping the maps on hold, you know,

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for the upcoming election cycle versus h you know, stepping

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into to allow them. So I think that has maybe

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happened in Louisiana recently.

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Speaker 1: Yeah, I mean, I don't know that we can read

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a ton into Aledo's temporary administrative stay. I mean, obviously

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Samuel Ledo a very conservative justice. There's been this like

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sort of conservative effort or conservative the conservative justice on

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the court have been increasingly opposed to some of the

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racial gerrymandering arguments have been brought in front of them recently.

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So like it, if there is a tea leaf to read,

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it's that, like Samuel Ledo remains a very conservative justice.

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To get the broader stay, we'll have to go before

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the full court in all likelihood. And like, I think

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it's not crazy to say, you know, these conservative justices

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are probably not overly like sold on the idea that

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these racial jerrymandering claims will hold up in court. They've

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basically taken very different approaches on a case to case

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basis in other states, which I guess is what you

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would want your Supreme Court to do, right Like they

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are not. It's not as easy to say, like, you know, ugh,

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the six conservative justices. There ain't no way they're gonna

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let Texas, you know, use the twenty twenty one maps.

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There have been cases certainly where they have you know,

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intervened in one direction versus the other. There was an

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interesting case in Alabama a couple of years ago where

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they did issue a stay and said, like basically they said, like,

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Alabama should use the new maps that they drew. We

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don't the implicitly saying like, we don't believe that there's

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evidence of racial gerrymandering. Two years or a little more

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than a year later, they came back with their official

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ruling and said, like, no, you were right, there was

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racial jerrymandering.

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Speaker 3: That map should have been struck down.

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Speaker 4: But I guess, you know, in the Texas case, you

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could theoretically have the flip side scenario where they you know,

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potentially put this map, this new map on hold for

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the twenty twenty six elections, but then come back and

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rule for you know, I guess the twenty twenty eight

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cycle that actually this map is fair game.

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Speaker 2: So I guess you know, you could see the convex

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of that, right.

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Speaker 1: It's like very I mean, and there's no way any

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Supreme Court justice is not taking some political calculation on

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this not I mean, I you know, all the experts

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I've talked I've spoken to are like in many ways,

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I Supreme Court justices.

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Speaker 3: Are not as politically.

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Speaker 1: Or like, are not as politicized as we think or

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like as the caricature would make you think.

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Speaker 2: Like.

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Speaker 1: They are still like thoughtful jurists who will look at

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each case on its merits and also like it's the

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most usually like when they're dealing with redistricting cases, at

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least they have like a lot of states all happening

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at once, and this is like just Texas.

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Speaker 4: And it's just pure politics, pure partisanship, pure you know.

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It's it's probably more so than any other case you

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could realistically like draw up that would ever go before them.

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So it's it's of course impossible to imagine how you

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could look at this through just like a purely uh

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you know, judicial textbook lens. So I you know, I

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it strikes me that I guess the Court has also

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established essentially that you know, when it's sort of a

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fifty to fifty situation, when it's kind of up in

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the air whether racial jerrymandering has occurred, that you know,

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the courts should you know, err on the side of

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like giving the the state legislature the benefit of the

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doubt and you know, and sign off on the maps.

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But I guess in this case what we're talking about

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now with the Texas maps, the question before the court

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is not, you know, as it stands right now, it's

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not on the merits of you know, the maps. It's

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just whether kind of almost it's like a logistical consideration

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whether they should be paused or not. I don't know,

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do you have anything to add to that?

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Speaker 1: Yeah, I mean, I think the plaintiffs would say it

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is on the merits because we want the Supreme Court

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to agree that we are likely to prevail at trial.

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Speaker 4: And so I guess a preliminary ruling on the merit

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not a full consideration of them.

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Speaker 2: Yeah.

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Speaker 1: I think the state is really trying to make a

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logistical argument. They're citing this like twenty sixteen Supreme Court

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case called Percel, where they're basically saying where Supreme Court

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basically was like, we shouldn't intervene on election law, election

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policy things like this too close to an election.

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Speaker 3: It's like putting our thumb on the scale.

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Speaker 1: And so they're saying logistically whether or not, I mean,

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they're saying we didn't racially Jerrymander. But if even if

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we did, the percel principle says, like you cannot intervene

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this close to the election. The plaintiffs are saying, it's

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your fault, it's this close to the electriction.

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Speaker 4: I was going to say, you know, to get it

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a little bit into the weeds of some of these

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these very colorful or at least one of the very

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colorful opinions. Jerry Smith, the judge who dissented in dramatic fashion,

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pointed out at one point in his what was it

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a one hundred.

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Speaker 3: One hundred and four page yes.

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Speaker 4: In his descent that you know, the essentially he was

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he was alluding to the Democrats who broke korum in

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the Texas House left the state for a couple of weeks.

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And you know, I guess in Smith's argument, in his eyes,

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he's he's saying that pushed the timeline back, and and

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you know, it's almost like it's it's the Democrat's fault

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that we're in, you know, jeopardy of running a foul

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of this purcel principle.

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Speaker 2: So I I thought that was interesting.

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Speaker 1: That he's putting on the Democrats, I think, also saying

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like it took these other two judges a long time

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to issue their ruling, so they've pushed us closer. He

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also criticizes them for putting it out too soon and

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not giving him a chance to dissent. Let's talk about

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this dissent because it is honestly, if you're looking for

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something to read over the holidays, I have one hundred

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and four pages of chaos for you. So, judge, we

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should say, like, when the ruling first came down, it

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was from Judge Jeff Brown, who is a Trump appointee,

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former member of the Texas Supreme Court, clerked for Governor

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Greg Abbott, appointed to the Supreme.

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Speaker 2: Court by.

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Speaker 1: Rick Perry by all accounts, I mean, and he was

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appointed by President Trump during the time when President Trump

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was like really you know, under with the guidance of

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Senator Ted Cruz and John Cornyan like appointing really really

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conservative judges to Texas courts. He was like part of

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this class of very conservative judges.

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Speaker 4: Been very high esteem from all the people who have

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appointed him to stuff and just everyone involved in the

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conservative ecosystem.

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Speaker 1: It seems like, yeah, absolutely up until recently, up until recently.

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Speaker 3: But he issued this ruling and he was the author

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of it.

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Speaker 1: The other judge, David guadarama Is, was appointed by President

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Barack Obama. He Jeff Brown on behalf of the two

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of them, wrote this ruling that essentially pretty concretely and

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overtly accused Texas lawmakers are racially jerrymandering instruck on the map,

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and they were really pretty outraged by this. Yeah, certainly

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Texas Republicans. And there was no descent attached, which is uncommon.

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Usually you get sort of the whole package all at once.

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The next day, Smith issued this descent that it was

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a very personal attack on Brown, basically saying like he

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like going through like emails they sent each other of

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like how the timing work, so that he was felt

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he was like cut out of the descent or cut

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out of like having a chance to put his descent

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on the ruling.

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Speaker 4: Really kind of a remarkably detailed timeline, sort of peeling

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back the curtain on how some of these things work.

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Speaker 2: Sound that kind of interesting.

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Speaker 1: Yeah, The descent starts with fasten your seat belts, it's

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going to be a bumpy night.

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Speaker 2: And it was and it was.

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Speaker 1: And then later he does and I didn't notice this immediately,

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but he uh later in a footnote says I did

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say it was going to be a bumpy knight, didn't I,

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and then signs it off with one hundred and four

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pages later, Darkness descends on the rule of law a

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bumpy knight.

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Speaker 3: Indeed.

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Speaker 1: Wow, so a degree of drama, I would say, poetry, Yeah, exactly.

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I think like the question is like the first I

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don't know, twenty five pages are like personal attacks on Brown,

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which don't I don't think, really play a huge.

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Speaker 3: Role in it. Yeah.

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Speaker 1: The other part is a main character in the descent

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is George Soros certainly not involved in this?

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Speaker 3: But who is George Soros? And why is Smith?

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Speaker 2: Yeah?

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Speaker 4: I guess, well, so big picture, I mean George Soros

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a Democratic megadonner who has gotten involved in just all

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sorts of elections, you know, across the state, including in

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Texas at this especially I think at the state and

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local levels. I mean he's you know, at least where

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I first encountered him in my reporting career was in

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his contribution to local prosecutors like district attorney races to

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try to get progressives in office, but his I guess

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Smith and his descent was also drawing ties between Soros

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and uh, you know, some of the groups that employ

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the lawyers who are on the side of the plaintiffs.

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And I believe his sources name was invoked seventeen times

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if I'm remembering correctly, So it's and and you know,

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accompanying Soros in Smith's descent was California Governor Gavin Newsom,

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who Smith noted would be one of the main beneficiaries

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of this this decision decision referring to the to to

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California's fairly recent move at least recently the voters in

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the states signed off on the Newsom led plan to

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to respond in kind with Jerry manderd that net five

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seats for Democrats in California. So it was it was

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kind of a striking, you know, involvement of these political

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figures in a in a legal opinion that also, you know,

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separately went on to you know, discuss the legal merits

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of the case in the situation, but accompanied by quite

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a bit of other stuff.

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Speaker 1: We can say, yeah, yeah, I mean, Soros is kind

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of this like liberal boogeyman or I guess maybe like

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conservative boogeyman in a way. Right, He's like saying something

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is like sorrows backed is like saying it's you know,

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so liberal as to be you know.

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Speaker 4: Right, it's it's sort of a it has become like

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a code code word for everything that conservatives you know hate,

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and everything you know, tied to liberalism that they're morally

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opposed to.

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Speaker 1: Right, Yeah, which is interesting. It also is just like

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not relevant. He's not a party to this case or

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really involved. I will say Smith makes a nice point.

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He rips apart the lawyers involved in the plaintiffs as

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like basically Soros funded Hills, and then in a footnote

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is like, to be clear, I respect them.

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Speaker 3: I think they're great. Juriss Let's move on. It's a

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wild dissent.

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Speaker 1: But you know, and I got a lot of I

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got this question frequently in my email and in my

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tweet mentions or x mentions, So I think we should

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discuss it, which is like a lot of people are

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saying like, oh, well, like if the courts allow California's

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redistrict to go through but they strike down Texas, is

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like only the left gets to redistrict, And it's like

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the facts of these redistricing cases are so specific, and

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there's certainly already California's face legal challenges.

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Speaker 3: And probably will still. But it's like these not the

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same thing, right.

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Speaker 4: Yeah, there's totally different things under consideration. And I guess

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we should also point out that the you know, the

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passage of California's map is not in any way contingent

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upon the Texas map. I know that that was coming

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up a lot, and there was maybe an initial pre

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vision in the California map legislation that would have would

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have made it contingent on the text map. But yeah,

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I think you know, they're they're fully separate, but in

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that sense and also just in the the set of

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facts that the judges will be considering in both cases.

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I guess, you know, there are also some some things

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that we could probably unpack from Smith's descent if we're

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just thinking about, you know, how the Supreme Court might

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come down on on Texas's map and some of the

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things they might consider. And you know, one thing that

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you highlighted in in one of your stories was that

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Smith was really pushing back on this. I mean, it's

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kind of the crux of browns of Judge Brown's, you know,

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his his majority opinion where he was saying that Governor

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Abbott's comments in the lead up to redistricting, where he

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was talking about this you know, Department of Justice letter

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that we've written about, and you know that you've talked

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about probably ad nauseum at this point on the podcast,

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just you know, specifically singling out this issue of coalition

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districts where multiple racial groups can can band together to

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form a majority to bring challenges under the Voting Rights Act.

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You know, gunn Rabbits invoking of that that letter was

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a big part of, you know what why Brown ended

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up deciding that, yes, this did amount to racial jerrymandering.

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And so Smith comes in and says the fact that

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Abbot's comments about he also mentioned Hispanic districts, Hispanic majority

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districts right right, He was saying that, I guess he

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Abbot's comments about Hispanic districts came after the first version

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of the map was drawn, which Smith said shows that

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Abbott had quote adjusted his rhetoric to defend the map

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in a forward facing capacity, rather than directing the legislature

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to redraw based on a race based premise. I wonder

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00:21:00,240 --> 00:21:02,680
if you could help kind of unpack what's going on there.

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Speaker 1: Yeah, I think that, like this is the really complicated

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thing about redistricting, and it is part of why the

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00:21:08,960 --> 00:21:11,359
Supreme Court has said, like, if you're not sure, give

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the legislature the benefit of the doubt, in part because

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like this is really really complicated, and like not messing

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up is in many ways harder than messing up.

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Speaker 3: Now, Like, the role that.

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Speaker 1: Race should play in redistricting is very complicated because, on

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the one hand, the Voting Rights Act right is like

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very clear you cannot dilute the voting power of minorities.

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The juris prudence or like the legal analysis around that

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that has developed has struggled mightily, I think, to figure

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out what is unconstitutional racial gerrymandering? When can you how

403
00:21:50,960 --> 00:21:54,000
can you disentangle race and partisanship?

404
00:21:54,079 --> 00:21:56,640
Speaker 3: How can you? Is it bad to say.

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Speaker 1: Oh, we're creating actually more district We're going to make

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it easier for black and red people to elect their

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candidate of choice.

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Speaker 3: How how could that be bad?

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Speaker 1: Well, like, the constitutional claims are like, you know, you

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really can't take race, You can't unduly take race into account, period.

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And the argument that Brown is making is that it

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is clear from Abbot's comments and the comments of several

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state lawmakers that they were trying to create these majority

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Hispanic districts or these majority Black districts to like sell

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the map, basically to cover up their partisan and aims.

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Speaker 3: And the main thing he points to is.

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Speaker 1: From this is that those districts are all like fifty

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point one percent Black, fifty point two percent.

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Speaker 2: Raise bare majority was bear majority?

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Speaker 3: Right?

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Speaker 1: And that is to Brown, and certainly to the plaintiffs,

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00:22:48,319 --> 00:22:50,960
but to Brown evidence that you know, they did not

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accidentally create these districts for pure partisan gain. They intentionally

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created slight majorities so that they could, as they did,

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go to the media and stand on the floor of

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the House and say, how could this be bad?

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Speaker 3: We have created these districts.

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Speaker 2: Right right before we move.

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and conditions to get faster doing that last part, like

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439
00:23:43,160 --> 00:23:45,440
Speaker 2: A pharmaceutic lad, it was okay, thank you.

440
00:23:47,079 --> 00:23:49,839
Speaker 3: So yeah, I mean, I think this question and like

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00:23:50,680 --> 00:23:55,079
Abbot's role in all of it is an interesting subplot.

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Speaker 4: Yeah, yeah, yeah, I mean I think he you know,

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as this was unfolding, we thought, you know, just kind

444
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of talking in the newsroom that you know, it seemed

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like a potential item that could you know, come up

446
00:24:12,480 --> 00:24:15,680
you know in court once this was inevitably challenged, but

447
00:24:15,720 --> 00:24:19,599
it wasn't really clear if you know, the judges would

448
00:24:19,920 --> 00:24:22,599
interpret it that way in the sense that you know,

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00:24:23,799 --> 00:24:26,160
of course, there was there was clearly some mention of

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you know, race and that you know, comments that suggested

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00:24:31,359 --> 00:24:34,720
lawmakers were taking that under consideration, specifically in some of

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00:24:34,720 --> 00:24:38,960
the TV interviews that Abbot was that Abbot did that

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00:24:39,000 --> 00:24:40,359
they were actually cited.

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00:24:40,440 --> 00:24:41,319
Speaker 2: In Brown's opinion.

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00:24:41,400 --> 00:24:43,640
Speaker 4: But you know, I think it was it was to

456
00:24:43,680 --> 00:24:48,119
me at least really unclear whether you know, that would

457
00:24:48,119 --> 00:24:50,559
have been all of that would have been outweighed or

458
00:24:50,640 --> 00:24:54,559
kind of overridden by the course correction that lawmakers took

459
00:24:55,079 --> 00:24:58,119
once you know, the maps started flowing through the pipeline.

460
00:24:58,200 --> 00:25:00,759
You know, they were doing committee hearings and talking about

461
00:25:00,759 --> 00:25:04,359
this on the House floor, and there really did seem

462
00:25:04,400 --> 00:25:07,839
to be this this you know, somebody, I don't know,

463
00:25:07,839 --> 00:25:09,640
I feels like somebody got them in the in a

464
00:25:09,720 --> 00:25:11,880
room and sort of shook some sense into them. But

465
00:25:12,119 --> 00:25:14,799
there was clearly like a memo that went out of

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00:25:15,559 --> 00:25:18,319
you know, of some sort or some sort of direction.

467
00:25:18,640 --> 00:25:21,720
You like, guys like, we got to really emphasize we

468
00:25:21,759 --> 00:25:25,079
are purely you know, this is pure purely for partisan gain.

469
00:25:25,720 --> 00:25:29,400
But you know, you also saw while that's that is true,

470
00:25:29,400 --> 00:25:33,319
there were also even some situations where lawmakers reverted back

471
00:25:33,359 --> 00:25:35,759
to talking about race on the House floor. And I

472
00:25:35,759 --> 00:25:39,279
thought that was really interesting that that Brown brought that

473
00:25:39,359 --> 00:25:41,880
back into his brought that into his opinion talking about

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00:25:43,279 --> 00:25:46,559
State Rep. Todd Hunter, the kind of head honcho of

475
00:25:46,559 --> 00:25:52,640
the House's redistricting push, who was kind of unprompted going

476
00:25:52,720 --> 00:25:56,160
through all the against your point. You know, it's kind

477
00:25:56,160 --> 00:25:59,480
of a confusing situation where in this case, Hunter was

478
00:25:59,519 --> 00:26:03,400
presenting as a you know, a positive that these districts

479
00:26:03,440 --> 00:26:09,559
were increasing minority representation. But I guess in the eyes

480
00:26:09,599 --> 00:26:13,079
of Brown, it's you know, you're considering it, whether it's

481
00:26:13,160 --> 00:26:16,000
it's being framed as positive or negative, and that was

482
00:26:16,119 --> 00:26:20,640
that ended up being enough to help sway his opinion.

483
00:26:21,119 --> 00:26:23,799
Speaker 1: Yeah, I think Hunter, you know, took some ls in

484
00:26:23,839 --> 00:26:27,920
this ruling. I think certainly, like I think just it

485
00:26:28,000 --> 00:26:31,039
is very I think sort of when you look at it, like,

486
00:26:31,160 --> 00:26:33,960
not as a legal matter, but as a like Democrats

487
00:26:34,000 --> 00:26:37,119
were just like railing on Republicans saying, this is part

488
00:26:37,200 --> 00:26:39,640
is in game playing. You're trying to steal an election.

489
00:26:39,680 --> 00:26:43,559
You're trying to steal seats. And it's hard to believe

490
00:26:43,720 --> 00:26:46,880
that if they had just said, like, yeah, we're trying

491
00:26:46,880 --> 00:26:49,839
to steal some seats. We want to cook the twenty

492
00:26:49,880 --> 00:26:52,680
twenty six elections so that we can give President Trump

493
00:26:52,960 --> 00:26:55,400
five more seats and hold the House for sure.

494
00:26:56,559 --> 00:26:58,960
Speaker 4: And you know, it's not say that the Democrats didn't

495
00:26:59,400 --> 00:27:02,400
focus at all on the racial gerrymandering aspect, but it

496
00:27:02,440 --> 00:27:05,759
is sort of ironic that, you know, we're at this

497
00:27:05,839 --> 00:27:09,759
current moment after them the vast majority of the Democrats

498
00:27:09,799 --> 00:27:12,400
messaging was how this was like a power grab, and

499
00:27:13,599 --> 00:27:17,200
you know, it's I wonder if I mean, they did

500
00:27:17,240 --> 00:27:19,319
end up getting the ruling that they wanted, of course

501
00:27:19,359 --> 00:27:22,519
from this panel, but I wonder if the playbook, if

502
00:27:22,559 --> 00:27:25,519
we get our you know, once the twenty thirty mid

503
00:27:25,559 --> 00:27:29,799
decade redistrict angles around, maybe the Democrats will focus more on,

504
00:27:30,279 --> 00:27:35,359
you know, probing the presence of any racial considerations that time.

505
00:27:35,640 --> 00:27:37,759
Speaker 1: Yeah, it certainly is one of those like it's hard

506
00:27:37,839 --> 00:27:40,000
and they have been criticized for like coming out before

507
00:27:40,000 --> 00:27:41,880
they even see a map and saying, oh, it's definitely

508
00:27:41,920 --> 00:27:44,599
racially gerrymandered, and it's like, so I understand why they

509
00:27:44,640 --> 00:27:49,079
make the partisan claim. And frankly, I think in some

510
00:27:49,119 --> 00:27:51,079
ways it worked right, like they got I don't know

511
00:27:51,119 --> 00:27:53,880
if this was actually a strategy, but if you look

512
00:27:53,880 --> 00:27:56,720
at where we stand now, by pushing so hard on

513
00:27:56,759 --> 00:28:01,279
the partisan things and the partisan angle of the result

514
00:28:01,319 --> 00:28:04,160
was that Republicans felt forced to sort of say like no, no, no, no, no,

515
00:28:04,279 --> 00:28:05,039
it's not partisan.

516
00:28:05,079 --> 00:28:06,160
Speaker 3: No no, no, we wouldn't do that.

517
00:28:06,240 --> 00:28:10,799
Speaker 4: And it's like, oh right, it was sort of the politically,

518
00:28:12,319 --> 00:28:15,599
you know, the political argument that you know, the in

519
00:28:15,680 --> 00:28:20,440
terms of gaining the advantage in the public arena. You know,

520
00:28:21,200 --> 00:28:23,519
they thought it was the best approach to to say, no,

521
00:28:23,559 --> 00:28:26,480
we're we're doing this to fix this problem flagged by

522
00:28:26,480 --> 00:28:29,920
the DJ. But really the this is just you know,

523
00:28:30,039 --> 00:28:33,119
pure raw politics, and really what matters is what's going

524
00:28:33,160 --> 00:28:35,359
to hold up in court. So they really should have

525
00:28:35,440 --> 00:28:40,559
been from the outset just purely thinking about what was

526
00:28:40,640 --> 00:28:43,839
going to secure a legal victory, as opposed to you know,

527
00:28:43,880 --> 00:28:46,359
it was it's kind of the opposite of this is

528
00:28:46,640 --> 00:28:48,319
a little far afield, but I was just I was

529
00:28:48,400 --> 00:28:53,759
listening to Tony Busby, Houston attorney, on conservative talk radio

530
00:28:53,799 --> 00:28:57,359
in Houston the other day talking about how in the

531
00:28:57,480 --> 00:29:01,640
Ken Paxson's impeachment trial he was really keeping it like

532
00:29:01,680 --> 00:29:03,920
you would keep an eye on Twitter, you know, when

533
00:29:03,960 --> 00:29:06,759
he was whenever he wasn't talking, and he was like

534
00:29:06,799 --> 00:29:11,720
really cognizant of how the public was interpreting the legal

535
00:29:11,799 --> 00:29:15,880
arguments because the jurors were state senators who were you know,

536
00:29:15,920 --> 00:29:20,319
subject to the voters. And so that's kind of the

537
00:29:20,319 --> 00:29:23,240
opposite side of the needle. Like here, it's really just

538
00:29:23,880 --> 00:29:26,759
you got to drive home it's partisan, partisan, partisan, and

539
00:29:26,799 --> 00:29:27,440
nothing else.

540
00:29:27,759 --> 00:29:30,319
Speaker 1: Right, And part of this is that that's pretty new, right,

541
00:29:30,319 --> 00:29:33,119
the Supreme Court in twenty nineteen basically said we don't

542
00:29:33,119 --> 00:29:35,640
believe partisan Jerry mannering is like an issue for the

543
00:29:35,680 --> 00:29:37,599
courts to weigh in on. So a lot of this

544
00:29:38,279 --> 00:29:43,319
is changing quickly and probably changing a lot more. The

545
00:29:43,359 --> 00:29:45,160
other person that I want to talk about who caught

546
00:29:45,200 --> 00:29:47,480
a lot of flak in this ruling. Actually, it's like

547
00:29:47,519 --> 00:29:51,240
the one person all three judges agree on is Senator

548
00:29:51,279 --> 00:29:56,640
Phil King Weatherford Senator, state senator who chaired the state

549
00:29:56,839 --> 00:30:03,079
the Senates redistricting Committee. In Brown's ruling, they basically said,

550
00:30:03,119 --> 00:30:05,640
like they don't Brown and Guateama basically said that they

551
00:30:05,640 --> 00:30:08,440
did not believe he was being truthful in his testimony

552
00:30:08,480 --> 00:30:13,119
on the stand, and Smith essentially said, yeah, no, I

553
00:30:13,160 --> 00:30:16,200
agree with that. But each used that point to make

554
00:30:16,240 --> 00:30:17,960
their own point. But it's like the one thing they

555
00:30:18,039 --> 00:30:21,240
agree on is that center Fiel King. You know, I

556
00:30:21,240 --> 00:30:23,079
don't think they go so far to say he lied

557
00:30:23,160 --> 00:30:25,240
on the stand, but they said he was not credible

558
00:30:25,319 --> 00:30:26,519
or believable.

559
00:30:26,119 --> 00:30:30,319
Speaker 4: Right, And I guess the point there was that what

560
00:30:30,759 --> 00:30:34,000
was at issue with King's comments was, you know, his

561
00:30:35,039 --> 00:30:40,039
relating of his own conversation with Adam Kincaid. I think

562
00:30:40,039 --> 00:30:42,920
it's confirmed he's the map drawer. He's kind of behind

563
00:30:43,079 --> 00:30:48,039
the handle the mouse. Yeah, exactly, And so by you

564
00:30:48,079 --> 00:30:51,400
put this in your story, by King's retelling, he explicitly

565
00:30:51,400 --> 00:30:55,440
told Kinkaid he didn't when they met one on one,

566
00:30:55,559 --> 00:30:57,240
he told King kid he didn't want to talk about

567
00:30:57,240 --> 00:31:00,599
redistricting and never asked about how many seats Republic Mike Gain.

568
00:31:00,640 --> 00:31:04,039
And then Kincaid follows up by saying, King spoke openly

569
00:31:04,079 --> 00:31:07,240
with him about the process and they discussed how many

570
00:31:07,240 --> 00:31:10,640
seats the GOP could get. So but and so what

571
00:31:10,759 --> 00:31:14,880
was Smith? You were saying that he used that situation

572
00:31:15,039 --> 00:31:17,960
to make his own point. How did he use that

573
00:31:18,039 --> 00:31:21,160
to bolster his case for why the map should be upheld?

574
00:31:21,480 --> 00:31:23,400
Speaker 1: So a lot of this comes down to Adam Kincaid,

575
00:31:23,400 --> 00:31:26,559
who is, as Smith notes, like, not a lawmaker and

576
00:31:26,599 --> 00:31:29,000
not you know, the governor, Like he has no real

577
00:31:29,119 --> 00:31:32,319
role in Texas, but Texas essentially hired him. He's like

578
00:31:32,359 --> 00:31:34,559
the GOP's map drawer in chief.

579
00:31:34,599 --> 00:31:39,680
Speaker 4: He's formerly the executive director of the National Republican Redistricting Trust.

580
00:31:39,720 --> 00:31:41,240
Speaker 3: I think he's still the executive director.

581
00:31:41,319 --> 00:31:43,720
Speaker 2: Yeah, no, sorry for Molly.

582
00:31:43,599 --> 00:31:47,359
Speaker 1: As Mai yes, yes, yes, so yeah, and he you

583
00:31:47,400 --> 00:31:49,960
know Kinkaid testified in El Paso both during the twenty

584
00:31:50,000 --> 00:31:53,519
twenty one hearing, twenty twenty one trial and this twenty

585
00:31:53,519 --> 00:31:58,039
twenty five hearing, because a lot of this comes down

586
00:31:58,079 --> 00:32:00,440
to all this talk of you know, we looked at

587
00:32:00,519 --> 00:32:02,799
racial data. Racial data didn't play a role in this

588
00:32:03,079 --> 00:32:07,680
is did Kingkaid, as the state's sort of hand on

589
00:32:07,720 --> 00:32:11,279
the mouse, take racial data into account? And Brown says

590
00:32:11,519 --> 00:32:15,599
pretty clearly like yes, because how else did he land

591
00:32:15,640 --> 00:32:19,559
on several fifty point two fifty point one percent districts

592
00:32:19,599 --> 00:32:24,240
you know of a certain racial group. Smith says, like, well,

593
00:32:24,240 --> 00:32:26,079
there's no evidence of that. And part of this comes

594
00:32:26,119 --> 00:32:30,279
down to King, Senator King on the stand, you know,

595
00:32:30,400 --> 00:32:32,920
saying I told him I never want to talk about

596
00:32:33,000 --> 00:32:35,160
racial data. He like a couple of things about like

597
00:32:35,400 --> 00:32:38,759
basically it's King is trying Senator King, it seems like

598
00:32:38,839 --> 00:32:43,200
is trying to was almost trying to like bolster the

599
00:32:43,279 --> 00:32:45,200
case that they didn't look at racial data.

600
00:32:45,640 --> 00:32:52,920
Speaker 3: Kincaid sort of, I think, maybe more strategically.

601
00:32:53,720 --> 00:32:55,720
Speaker 1: It was able to like tell this in a way

602
00:32:55,880 --> 00:32:59,079
that seemed to exonerate him as having never looked at

603
00:32:59,160 --> 00:32:59,680
racial data.

604
00:32:59,680 --> 00:33:00,680
Speaker 3: Brown obviously sort.

605
00:33:00,519 --> 00:33:04,599
Speaker 1: Of didn't buy that but these specific conversations about when

606
00:33:04,960 --> 00:33:10,079
Senator King and Adam Kinkaid spoke has really become probably

607
00:33:10,079 --> 00:33:13,160
not like the most important issue in this ruling, but

608
00:33:13,200 --> 00:33:16,119
like a pretty important question of like did a state

609
00:33:16,160 --> 00:33:18,440
senator lie on the stand or at least sort of

610
00:33:18,440 --> 00:33:21,640
say like he couldn't remember and sort of up the skate.

611
00:33:21,599 --> 00:33:22,480
Speaker 2: Yeah, stand, Yeah.

612
00:33:22,559 --> 00:33:24,160
Speaker 4: I think you know the other interesting thing too, with

613
00:33:24,200 --> 00:33:27,400
all these these districts that just barely cross the fifty

614
00:33:27,440 --> 00:33:32,000
percent threshold with in most cases Hispanic majority districts. There

615
00:33:32,039 --> 00:33:35,640
is also one district in Houston that just crossed the

616
00:33:35,640 --> 00:33:40,720
fifty percent threshold for black residents. But especially with the

617
00:33:41,200 --> 00:33:46,640
Hispanic majority districts, we've reported that you know, some you know,

618
00:33:46,720 --> 00:33:51,839
Democrats who study redistricting and are involved in this arenas

619
00:33:52,079 --> 00:33:56,359
think that within those those fifty point three percent Hispanic districts,

620
00:33:56,880 --> 00:34:01,440
the map drawers kind of surgically made it so that,

621
00:34:02,240 --> 00:34:04,720
you know, as part of that fifty zero point three

622
00:34:04,759 --> 00:34:09,800
percent population, they made sure that you know, a sizable

623
00:34:09,840 --> 00:34:14,719
subset were Hispanic voters who do not reliably turn out

624
00:34:14,719 --> 00:34:17,480
to vote, and that was I'm not sure if that

625
00:34:17,599 --> 00:34:20,000
actually came up in any of the opinions, but I

626
00:34:20,079 --> 00:34:23,679
thought that was kind of an important extraneous point that

627
00:34:23,840 --> 00:34:29,679
you know, it sort of lends it, I guess, makes

628
00:34:29,719 --> 00:34:32,639
it a little casts more doubt on the claim that

629
00:34:32,719 --> 00:34:36,440
the map drawers were completely race blind. You know, you

630
00:34:36,480 --> 00:34:39,400
would have to sort of see that as a basically

631
00:34:39,440 --> 00:34:42,119
just a convenient coincidence.

632
00:34:42,199 --> 00:34:42,599
Speaker 3: Right, Yeah.

633
00:34:42,599 --> 00:34:44,800
Speaker 1: I think that's a big part of this is, like,

634
00:34:45,599 --> 00:34:50,639
you know, Hispanic voters or like registered voters, turn out

635
00:34:50,920 --> 00:34:54,360
I think at the lowest rate of any group, and

636
00:34:54,559 --> 00:34:57,760
so drawing a districts that's fifty point three percent Hispanic

637
00:34:58,079 --> 00:35:01,719
if you know you know that, you know twenty percent

638
00:35:01,760 --> 00:35:05,559
aren't going to turn out, is like you've drawn the actual.

639
00:35:05,480 --> 00:35:07,519
Speaker 2: White making district the makeup of the.

640
00:35:07,440 --> 00:35:11,280
Speaker 1: Electorate, which again can be fine if you're not walking

641
00:35:11,320 --> 00:35:14,239
around touting that you drew so many more Hispanic districts

642
00:35:14,760 --> 00:35:16,920
and like you're welcome, which is sort of the vibe

643
00:35:16,920 --> 00:35:19,199
that came like or a little bit of like stop complaining,

644
00:35:19,639 --> 00:35:20,719
we did this for you.

645
00:35:21,519 --> 00:35:22,960
Speaker 2: Yeah. Absolutely, Yeah.

646
00:35:23,119 --> 00:35:26,679
Speaker 1: So this is all like very the nuances of this

647
00:35:26,719 --> 00:35:29,679
are very complicated, and I do think, like you know,

648
00:35:30,280 --> 00:35:33,400
despite Judge Smith's sort of rhetoric around this, like this

649
00:35:34,199 --> 00:35:37,639
redistrict is very politicized, but the case law around it

650
00:35:37,679 --> 00:35:39,639
is very complicated and evolving, and so I think, like

651
00:35:39,679 --> 00:35:40,400
the judges have.

652
00:35:42,159 --> 00:35:43,719
Speaker 3: It's not as simple as just saying.

653
00:35:43,519 --> 00:35:45,480
Speaker 1: Like do you I mean, it's the politician's job to say,

654
00:35:45,480 --> 00:35:46,599
do we want five more seats?

655
00:35:46,639 --> 00:35:48,320
Speaker 3: It's the judges jobs to say, like, did you do

656
00:35:48,400 --> 00:35:49,400
it right?

657
00:35:49,519 --> 00:35:53,800
Speaker 1: And one factor sort of hanging over all of this

658
00:35:54,000 --> 00:35:57,760
is the this Louisiana case that the Supreme Court has heard,

659
00:35:57,800 --> 00:36:00,639
they heard earlier this month or I guess last month

660
00:36:00,679 --> 00:36:05,119
now about that Basically, if it goes the way that

661
00:36:05,199 --> 00:36:07,960
Louisiana wants and that a lot of these conservative groups want,

662
00:36:08,280 --> 00:36:12,280
it would essentially gut most of the racial protections in

663
00:36:12,440 --> 00:36:15,800
Section two of the Voting Rights Act. And essentially it's

664
00:36:15,800 --> 00:36:18,119
this conservative priority that's been pushed for a while that says,

665
00:36:18,159 --> 00:36:20,559
like the Voting Rights Act was great at the time.

666
00:36:20,800 --> 00:36:22,840
There should be temporal there should be like time limits

667
00:36:22,880 --> 00:36:25,239
on this. We can't just say forever black and Hispanic

668
00:36:25,280 --> 00:36:31,800
voters get, you know, should be like sort of considered separately. Obviously,

669
00:36:32,440 --> 00:36:37,960
many voting rights groups and certainly the Democratic establishment feels

670
00:36:38,000 --> 00:36:41,480
like that is would be like a huge loss to

671
00:36:42,039 --> 00:36:44,960
and really open the door to particularly red states, to

672
00:36:45,159 --> 00:36:49,119
just like run rough shot over the voting rights of

673
00:36:49,159 --> 00:36:50,559
black and Hispanic.

674
00:36:50,320 --> 00:36:52,320
Speaker 4: And this is sort of the point you were just

675
00:36:52,320 --> 00:36:55,599
making about. You know, at certain point there's a cutoff

676
00:36:55,599 --> 00:36:59,000
where you're no longer considering these racial and ethnic groups

677
00:36:58,800 --> 00:37:02,320
as sort of separate. I mean, that's my understanding is

678
00:37:02,320 --> 00:37:05,840
that's sort of an outgrowth or a continuation of the

679
00:37:06,000 --> 00:37:09,400
what went into the twenty twelve ruling that struck down

680
00:37:09,880 --> 00:37:13,000
that no longer required Texas to be subject to the

681
00:37:13,000 --> 00:37:16,760
pre clearance rules in the sense that you know, I

682
00:37:16,800 --> 00:37:21,199
think it was the Chief Justice who issued the opinion saying,

683
00:37:21,480 --> 00:37:24,480
you know, essentially like I mean, it wasn't you know,

684
00:37:24,519 --> 00:37:26,719
he didn't say it as bluntly as like we've solved

685
00:37:26,719 --> 00:37:28,599
the race problem, but he was like, you know, we

686
00:37:28,599 --> 00:37:31,800
were at a different point than we were in nineteen

687
00:37:31,840 --> 00:37:36,320
sixty five when this act was first approved. Which that

688
00:37:36,440 --> 00:37:38,920
so that feels like kind of a subtext or a

689
00:37:38,960 --> 00:37:42,119
theme of a lot of these of these you know,

690
00:37:42,239 --> 00:37:46,599
considerations for the Supreme Court in setting this evolving precedent.

691
00:37:47,119 --> 00:37:49,039
Speaker 1: Right, Like, I think there's been these like chipping away

692
00:37:49,079 --> 00:37:51,880
of like you know, okay, right, like states that have

693
00:37:52,119 --> 00:37:54,440
a history of racial discrimination no longer need to send

694
00:37:54,440 --> 00:37:56,559
their maps to the Department of Justice to get pre cleared.

695
00:37:57,840 --> 00:38:01,119
You know, we've had this the ruling that said, you know,

696
00:38:01,320 --> 00:38:03,960
you have to sort of assume good intentions.

697
00:38:04,079 --> 00:38:05,400
Speaker 3: We've had like other rulings that.

698
00:38:05,360 --> 00:38:07,480
Speaker 1: Said partisan jerrymandering is like kind of okay if you

699
00:38:07,480 --> 00:38:11,320
can justify it as such. Like and I think people

700
00:38:11,320 --> 00:38:13,840
feel like this Louisiana case is probably sort of the

701
00:38:13,880 --> 00:38:15,360
final nail in that coffin.

702
00:38:16,760 --> 00:38:17,880
Speaker 3: It is interesting to me.

703
00:38:19,039 --> 00:38:21,559
Speaker 1: I obviously got my start in Texas covering like the

704
00:38:21,599 --> 00:38:24,039
abortion stuff, and is so funny to me, how like

705
00:38:24,559 --> 00:38:27,960
similar this is in some ways where with the Dobbs case,

706
00:38:28,039 --> 00:38:31,480
like conservative groups have been like slowly, meticulously like finding

707
00:38:31,480 --> 00:38:34,119
the right case, building the jurisprudence, getting the right judges,

708
00:38:34,159 --> 00:38:36,159
like just like moving so and they were like, we

709
00:38:36,199 --> 00:38:38,280
are finally gonna strike down Roe v. Wade with this

710
00:38:38,360 --> 00:38:41,480
Dobs case. And then Texas just came like skidding in

711
00:38:41,519 --> 00:38:44,519
from left field with SB eight and was like right,

712
00:38:44,639 --> 00:38:47,400
do us first, right, yeah, yeah, and like and it's

713
00:38:47,440 --> 00:38:49,159
weird and you're not gonna feel good about it, and

714
00:38:49,199 --> 00:38:51,719
like it's a little legally complicated, but you're gonna have

715
00:38:51,719 --> 00:38:55,119
to uphold it, and like, I don't think that even

716
00:38:55,159 --> 00:38:57,000
the conservative justices were like thrilled.

717
00:38:56,719 --> 00:38:58,039
Speaker 3: About how any of that went down.

718
00:38:58,840 --> 00:39:00,679
Speaker 1: Some of them probably were, but you know, to speak

719
00:39:00,719 --> 00:39:02,719
for my dear friends the Supreme Court, right, and now

720
00:39:02,800 --> 00:39:04,280
we have the same thing, which is like again, these

721
00:39:04,280 --> 00:39:06,760
conservative groups have been like slowly doing that. They finally

722
00:39:06,760 --> 00:39:09,079
got this Louisiana case. It's finally gonna like be it

723
00:39:09,440 --> 00:39:11,840
had to be heard a second time, like they and

724
00:39:12,360 --> 00:39:15,119
Texas comes skidding in out of left field, being like

725
00:39:15,239 --> 00:39:16,599
we did a weird one too.

726
00:39:16,639 --> 00:39:20,039
Speaker 4: Right, I mean, do you do you think that the

727
00:39:20,079 --> 00:39:24,239
Louisiana case has like much potential to be affected by

728
00:39:24,440 --> 00:39:27,119
what I mean? How would how would the you know,

729
00:39:27,119 --> 00:39:29,320
those two cases potentially influence each other.

730
00:39:29,719 --> 00:39:33,239
Speaker 1: I mean, I think certainly, once we get a ruling

731
00:39:33,239 --> 00:39:35,880
in the Louisiana case, it will come to bear on

732
00:39:36,079 --> 00:39:38,639
the eventual ruling on whether or not these maps and frankly,

733
00:39:38,639 --> 00:39:42,679
the twenty twenty one maps are racially jerymandered. They probably eventually,

734
00:39:42,880 --> 00:39:45,159
assuming that the Supreme Court rules the way people expect,

735
00:39:45,159 --> 00:39:48,800
they will will end up upholding these maps ultimately, but

736
00:39:48,960 --> 00:39:51,159
like they are required to operate under the law as

737
00:39:51,199 --> 00:39:53,880
it exists right now, so you cannot sort of proactively

738
00:39:53,880 --> 00:39:54,719
say like we're pretty sure.

739
00:39:54,599 --> 00:39:55,360
Speaker 3: We're going to uphold that.

740
00:39:55,480 --> 00:39:58,159
Speaker 1: So and I think, I mean I talked to one

741
00:39:58,239 --> 00:40:00,960
legal expert who was saying, like, you know, there is

742
00:40:01,000 --> 00:40:03,480
also a world again just interpreting sort of like human

743
00:40:04,599 --> 00:40:08,480
emotions onto these like larger than life justices where you think,

744
00:40:08,519 --> 00:40:11,039
like we are about to do this, why are you

745
00:40:11,119 --> 00:40:13,880
setting like doing this like weird higher bar like you know,

746
00:40:14,000 --> 00:40:16,480
don't so like there's a world in which all sort of.

747
00:40:16,719 --> 00:40:18,440
Speaker 4: Chess pieces set out on the board and came and

748
00:40:18,519 --> 00:40:19,800
knocked them all up exactly right.

749
00:40:19,840 --> 00:40:21,119
Speaker 1: And it's like, you know, do they sort of make

750
00:40:21,159 --> 00:40:23,760
this a bit sort of hold on to legitimacy of

751
00:40:24,119 --> 00:40:26,320
you know, I mean they did in that Alabama case,

752
00:40:26,360 --> 00:40:28,480
like I said, they did rule I think very surprising

753
00:40:28,480 --> 00:40:29,079
a lot of people.

754
00:40:29,079 --> 00:40:30,440
Speaker 3: That was twenty twenty three.

755
00:40:30,480 --> 00:40:34,119
Speaker 1: I think that like Alabama had engaged in racial gerrymandering.

756
00:40:34,199 --> 00:40:37,960
So again, the Spree Court is not like a one

757
00:40:38,039 --> 00:40:40,800
hundred percent predictable on this issue, even if we sort

758
00:40:40,800 --> 00:40:43,480
of know predictably where they might end up going with

759
00:40:43,480 --> 00:40:44,480
this Louisiana case.

760
00:40:44,599 --> 00:40:45,599
Speaker 2: Yeah, yeah, for sure.

761
00:40:45,800 --> 00:40:50,239
Speaker 1: Yeah, So yeah, Texas continues to be a real thorn

762
00:40:50,280 --> 00:40:54,360
in the side of the methodical slow progress.

763
00:40:54,480 --> 00:40:56,960
Speaker 4: Yeah, kind of the erratic stepchild, I guess of the

764
00:40:56,960 --> 00:40:57,800
Conservative government.

765
00:40:59,119 --> 00:41:00,760
Speaker 3: But you know, I'm sure they love them.

766
00:41:00,840 --> 00:41:03,440
Speaker 4: Yeah, you know, yeah, I mean they've they've they have

767
00:41:03,679 --> 00:41:06,599
given them a lot of key victories over the years too.

768
00:41:08,599 --> 00:41:11,760
Speaker 1: So we stand here now on Tuesday, we're taking this

769
00:41:11,800 --> 00:41:14,840
at eleven forty four am, waiting for a ruling on

770
00:41:14,880 --> 00:41:18,400
a stay from the Supreme Court. Do you think they

771
00:41:18,440 --> 00:41:20,760
will do it on Thanksgiving just to ruin our day?

772
00:41:20,920 --> 00:41:21,320
Speaker 2: Probably?

773
00:41:21,440 --> 00:41:23,440
Speaker 4: Yeah, or maybe like Friday morning when we're still coming

774
00:41:23,480 --> 00:41:27,000
out of our food comas, you know, whatever the most

775
00:41:27,000 --> 00:41:30,679
inopportune time is. I'm racing for that. Yeah, but I

776
00:41:30,719 --> 00:41:30,920
don't know.

777
00:41:31,000 --> 00:41:32,159
Speaker 2: Maybe they'll maybe surprise me.

778
00:41:32,199 --> 00:41:32,679
Speaker 3: I will say.

779
00:41:33,039 --> 00:41:36,000
Speaker 1: Whatever you think of his ruling, we appreciated Judge Brown

780
00:41:36,159 --> 00:41:38,679
issuing it at a normal time on a normal weekday,

781
00:41:38,960 --> 00:41:42,000
and Judgement as well issued his you know, descent at

782
00:41:42,000 --> 00:41:44,639
a normal time on a normal weekday. So thank you

783
00:41:44,679 --> 00:41:47,880
to our friends and the judiciary for that. Samuel Lito

784
00:41:47,960 --> 00:41:48,840
did not Friday night.

785
00:41:49,119 --> 00:41:53,239
Speaker 4: That's fine. He reversed that that streak, but that's okay.

786
00:41:53,360 --> 00:41:56,159
Speaker 1: Yes, As a journalist, my main feelings about most people

787
00:41:56,239 --> 00:41:59,320
is when they issued their p so we're going to

788
00:41:59,400 --> 00:42:01,079
leave it there, and I'm sure this is not our

789
00:42:01,159 --> 00:42:03,719
last regitioning episode, so we will be back after the

790
00:42:03,760 --> 00:42:06,360
holidays with whatever Texas.

791
00:42:05,960 --> 00:42:07,000
Speaker 3: Has done between now and then.

792
00:42:07,719 --> 00:42:11,360
Speaker 1: This week's episode is sponsored by south By Southwest. Our

793
00:42:11,400 --> 00:42:13,239
producers are Rob and Chris.

794
00:42:13,360 --> 00:42:15,480
Speaker 3: You can get all of our episodes wherever you get

795
00:42:15,519 --> 00:42:18,440
your podcasts or on YouTube, and we will see you

796
00:42:18,480 --> 00:42:19,039
next week.

