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<v Speaker 1>Hello and welcome to the trib Cast for Tuesday, July fifteenth.

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<v Speaker 1>I'm Eleanor Klibanoff Law and Politics reporter, joined as always

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<v Speaker 1>by editor in chief Matthew Watkins.

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<v Speaker 2>Hello, how are you doing well? Just got back last

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<v Speaker 2>night from Mexico City.

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<v Speaker 1>Well, yeah, that's a that's a better location than Texas

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<v Speaker 1>has been for the last couple of last couple of days.

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<v Speaker 1>Much cooler, yes, yeah, temperature less humid and maybe we

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<v Speaker 1>yes yeah. Well you know, Matthew, when you I do

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<v Speaker 1>have a bone to pick with you, because when we

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<v Speaker 1>discussed me becoming the law and politics reporter, I thought

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<v Speaker 1>I had five years until I had to start caring

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<v Speaker 1>about redistricting.

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<v Speaker 2>Well, you know that was very naive of you.

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<v Speaker 1>I thought the rule was every ten years, and so

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<v Speaker 1>I thought five years from now, who knows, maybe I'll be,

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<v Speaker 1>you know, a reclusive billionaire by then. I wouldn't have to,

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<v Speaker 1>you know, dig in on redistricting. And now here we are.

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<v Speaker 1>It is the middle of the decade. I have accepted

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<v Speaker 1>this job, no takebacks, and we are getting into redistricting.

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<v Speaker 1>So really excited to dig in on that issue today.

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<v Speaker 3>Yes, very.

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<v Speaker 2>Just the topic that you want to learn with like

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<v Speaker 2>a very short notice on the fly, complicated at all.

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<v Speaker 1>No, absolutely not, which is why we're extremely excited to

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<v Speaker 1>have a guest who knows this issue backwards and forwards.

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<v Speaker 1>Kareem Creighton is Vice president of the Brennan Center for Justices, Washington,

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<v Speaker 1>d C. Office, and a scholar on the intersection of law, politics,

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<v Speaker 1>and race. During the twenty two ty redistricting cycle, he

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<v Speaker 1>advised nearly a dozen local jurisdictions, commissions and legislative caucuses.

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<v Speaker 1>Previously served as executive director of the Southern Coalition for

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<v Speaker 1>Social Justice, where he hired and trained a litigation team

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<v Speaker 1>to argue in two key jerrymandering cases before the US

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<v Speaker 1>Supreme Court, and, most relevant to us, served as chief

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<v Speaker 1>of staff and special counsel to the Alabama House Minority

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<v Speaker 1>leader during a special session on redistricting. He also helped

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<v Speaker 1>create a video game about redistricting, which we want to

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<v Speaker 1>talk about. Kareem, thank you for joining us. Gelighted to

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<v Speaker 1>be with you. You know, this is an issue that

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<v Speaker 1>I know you guys think about in the middle of

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<v Speaker 1>the decade. You guys think about this all the time,

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<v Speaker 1>you know, Just briefly tell us a little bit about

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<v Speaker 1>your experience in Alabama, you know, with their redistricting special session.

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<v Speaker 3>Sure happy to do that and again thanks for having me.

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<v Speaker 3>I am a native of Montgomery and got into this

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<v Speaker 3>in part because redistricting in the nineteen nineties was something

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<v Speaker 3>that changed politics in our state. So I have a

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<v Speaker 3>tie to the place in part because a new member

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<v Speaker 3>of the House Democratic Caucus, and this was outside of

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<v Speaker 3>the nonpartisan work I had done, had taken over a

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<v Speaker 3>very young member who mixed things, hadn't done districting before,

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<v Speaker 3>took over and was thrown into a middle of a

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<v Speaker 3>session to deal with a Supreme Court case that Alabama

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<v Speaker 3>had to remedy. And so my commitment to him was, look,

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<v Speaker 3>I'll work for a year, We'll work through the special

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<v Speaker 3>session and anything else that comes up. What anything else

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<v Speaker 3>turned into was this special session dealing with redistricting, a

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<v Speaker 3>governor that found himself drummed out of office because of corruption,

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<v Speaker 3>and a Senate because the prior Attorney general went into

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<v Speaker 3>the Trump administration only to be fired. So a lot

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<v Speaker 3>happened in that time, but the process for redistricting was

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<v Speaker 3>one that definitely, you know, was very much Alabama on brand.

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<v Speaker 3>I think other Southern states sort of have some of

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<v Speaker 3>this too, but Alabama takes a particular version of doing

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<v Speaker 3>what it wants to expite federal order. So the long

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<v Speaker 3>and short of this story is it's a Republican supermajority

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<v Speaker 3>that decided that it was going to ignore African American

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<v Speaker 3>politically by the federal to remedy it, and they fought

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<v Speaker 3>tooth and nail on doing it the way that they

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<v Speaker 3>wanted to without public input, et cetera. There was it

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<v Speaker 3>turned out a filibuster. We can do that in the

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<v Speaker 3>state legislature that tried to slow it down. They got

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<v Speaker 3>what they wanted anyway. But it was the time before

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<v Speaker 3>the current fight about redistricting in Alabama, and it really

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<v Speaker 3>was exactly what unfortunately, the legislative majority supermajority is keen

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<v Speaker 3>to do, do what they want and force the federal

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<v Speaker 3>government to tell them otherwise. And as you saw this

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<v Speaker 3>time around in twenty twenty, I was in another capacity

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<v Speaker 3>the offering some advice to the legislative minority, some of

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<v Speaker 3>the same people from whom I worked before, and the

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<v Speaker 3>Republican majority said, well, we're just going to do it

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<v Speaker 3>the way we want and go and see us. And

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<v Speaker 3>so they got sued and went through extra innings, and

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<v Speaker 3>they're still fighting millions of dollars later out of taxpayer

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<v Speaker 3>money to fight a case that they were definitely going

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<v Speaker 3>to lose. We told them they were going to lose

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<v Speaker 3>the day they drew these maps. But that's sort of

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<v Speaker 3>the story of redistricting I think around the South right now,

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<v Speaker 3>and it raises hard questions now with politics at the

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<v Speaker 3>national level, that leads to even more uncertainty about the law.

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<v Speaker 1>Yeah, that's interesting. I mean, a special session on redistricting,

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<v Speaker 1>an attorney general eyeing a role in the Trump administration,

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<v Speaker 1>governor on corruption. You know, I don't think I don't

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<v Speaker 1>know that we're going to see echoes of that here,

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<v Speaker 1>but you know, certainly we're you know a lot of

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<v Speaker 1>similar similar notes playing in Texas right now. So I

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<v Speaker 1>want to sort of just briefly and go over like

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<v Speaker 1>a brief history of redistricting, and Kareem you jump in

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<v Speaker 1>when I get off the rails on this. You correct me,

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<v Speaker 1>Matthew as well. I know you've covered this issue. But essentially,

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<v Speaker 1>right every ten years we do a census in this country.

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<v Speaker 1>Once we find out who lives where, states redraw their

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<v Speaker 1>electoral maps. So that we have roughly the same number

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<v Speaker 1>of people in every district. These maps are often drawn goofy,

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<v Speaker 1>looking to accommodate, you know, a range of different goals.

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<v Speaker 1>Starting the mid sixties, with the Voting Rights Act, there's

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<v Speaker 1>a law basically saying you cannot, among many other things,

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<v Speaker 1>saying you cannot draw these districts in a way that

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<v Speaker 1>dilutes minority vote, whether that's by putting everyone in one

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<v Speaker 1>district altogether, or by you know, diluting them so much

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<v Speaker 1>that their vote doesn't right to the level.

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<v Speaker 2>The idea would be, if you have a population of, say,

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<v Speaker 2>black voters in an area in the South, you can't

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<v Speaker 2>put all the black voters in one districting in order

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<v Speaker 2>to make it so that you know, the amount of

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<v Speaker 2>power is you know, only in that one legislative seat,

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<v Speaker 2>as opposed to the grace, or spread them out into

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<v Speaker 2>so many districts that they're so deluded that they can't

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<v Speaker 2>be elect there, you know, a member of their choice right.

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<v Speaker 1>And historically this is something Southern states among others, but

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<v Speaker 1>Southern states in particular have been quite bad at drawing

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<v Speaker 1>those maps in a way that complies with Section two

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<v Speaker 1>of Voting Rights Act. For a long time states head

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<v Speaker 1>to states like Texas and Alabama had to get their

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<v Speaker 1>maps pre approved by the federal government. That's how bad

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<v Speaker 1>they were at this. And every single time Texas has

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<v Speaker 1>redistricted since the Voting Rights Act went into effect, at

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<v Speaker 1>least one of their maps have been found to be

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<v Speaker 1>not in compliance with the Voting Rights Act. That's sort

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<v Speaker 1>of the backdrop to all of this is that. All right,

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<v Speaker 1>so far kareem?

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<v Speaker 3>I think so far? Are you there? I always like

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<v Speaker 3>you have one person, one vote came to us because

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<v Speaker 3>of a case authored by Justice Brennan, from whom the

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<v Speaker 3>Brendan Center is name. But you're absolutely right about the

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<v Speaker 3>general thrust of redistricting.

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<v Speaker 1>Okay, great, So then moving on from there where we

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<v Speaker 1>are in Texas right now. You know, we drew maps

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<v Speaker 1>in a little bit weirdly this time around, because the

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<v Speaker 1>census was delayed because of COVID and other reasons. We

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<v Speaker 1>drew our maps in sort of settled on them in

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<v Speaker 1>twenty twenty one. In Texas, the legislature draws the maps.

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<v Speaker 1>Other states do it differently. Those maps immediately faced.

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<v Speaker 2>Oh let me let me just pause right here for

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<v Speaker 2>a little bit of background, Like one you know, As

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<v Speaker 2>you mentioned, this was done in a special session as

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<v Speaker 2>opposed to the regular session because of the census being delayed,

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<v Speaker 2>but also it was coming in a very interesting time

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<v Speaker 2>politically for Texas, which was we were not that far

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<v Speaker 2>off from the Bete Rourke election in twenty eighteen, where

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<v Speaker 2>Texas was looking like it was really trending in a

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<v Speaker 2>much bluer direction. You had seen you know, presidential election

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<v Speaker 2>margins go from sixteen percentage points Republican victory to nine

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<v Speaker 2>percentage point Republican victory to six percentage points veto almost

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<v Speaker 2>wins there. And so one of the things that lawmakers

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<v Speaker 2>did during that session was, instead of really pushing to

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<v Speaker 2>increase their margins in the various bodies that they drew,

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<v Speaker 2>we're talking about congressional in this one, they went toward

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<v Speaker 2>a more an incumbent protection map, which was essentially, you know,

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<v Speaker 2>Texas got two new seats because of population gains, those

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<v Speaker 2>went to Republicans, but everywhere else they sort of focused

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<v Speaker 2>on shoring up Republican majorities so that the people in

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<v Speaker 2>the districts and the parties in power currently there would

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<v Speaker 2>essentially be safer as the district went on. As opposed

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<v Speaker 2>to you know, really trying to gain three, four or

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<v Speaker 2>five more Republican seats in that map.

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<v Speaker 1>So it is it is a somewhat sort of this

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<v Speaker 1>is conservative map in the not both. It is both

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<v Speaker 1>a conservative map in that it will lead to Republicans

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<v Speaker 1>being elected and a conservative map in terms of not

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<v Speaker 1>putting their incumbents out on a ledge.

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<v Speaker 2>Right, because there were circumstances, you know, you could look

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<v Speaker 2>particularly like in the state house maps in Dallas County

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<v Speaker 2>where it looked like maybe they got a little too

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<v Speaker 2>greedy the last time, right, and they drew a bunch

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<v Speaker 2>of different districts that by the end of the decade

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<v Speaker 2>had all flipped to Democrats in a way that you know,

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<v Speaker 2>actually in twenty twenty, people thought that Democrats might have

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<v Speaker 2>been able, like in the lead up to that election,

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<v Speaker 2>thought that maybe they were going to flip the House.

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<v Speaker 2>And so, you know, I think you looked at what

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<v Speaker 2>they were doing. If you knew Texas politics, you saw

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<v Speaker 2>they're trying to prevent a situation where they're going to

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<v Speaker 2>be in trouble in twenty twenty nine to twenty thirty,

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<v Speaker 2>as opposed to let's just make these massive games. In

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<v Speaker 2>the early part of the.

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<v Speaker 1>Decade, right, And I mean a lot of this is

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<v Speaker 1>happening in every state, right, Koreen. Can you talk a

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<v Speaker 1>little bit about like every state is, no matter who,

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<v Speaker 1>whether it's run by blue or red, is trying to

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<v Speaker 1>draw a map that benefits their party.

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<v Speaker 3>Right. Well, it's important to note a couple of things. One,

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<v Speaker 3>you're right, states differ about how they draw maps. So

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<v Speaker 3>Texas takes the more political approach, where the state legislature

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<v Speaker 3>draws the map, and you know, if you've got the

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<v Speaker 3>votes on your side of the aisle, you get usually

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<v Speaker 3>what you want apps in the lawsuit. There are other

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<v Speaker 3>states like California Arizona that actually draw maps by citizen

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<v Speaker 3>independent commissions, and those actually tend to take a much

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<v Speaker 3>more i think, focused conversation about what the community wants.

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<v Speaker 3>So people come and present in a nonpartisan way, what

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<v Speaker 3>they think the best communities are to kind of group together.

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<v Speaker 3>And often not always, but most of the time, the

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<v Speaker 3>states will say, and we don't incumbency or partisanship as

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<v Speaker 3>a sort of fact that we're going to take into consideration,

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<v Speaker 3>and those tend to draw districts that those groups tend

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<v Speaker 3>to draw districts that are more competitive. One point. Don't

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<v Speaker 3>mention about Texas, though, but you're right, there are some others.

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<v Speaker 3>There are blue states that are driven by partisan you know,

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<v Speaker 3>legislative driven maps, that do tend to produce maps that

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<v Speaker 3>tend to favor their party. But the one thing in Texas,

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<v Speaker 3>it's worth noting it did grow significantly, actually more than

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<v Speaker 3>almost every other state. But it's important to note that

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<v Speaker 3>growth wasn't uniform across the state. And the mistake to

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<v Speaker 3>that that's easy to miss in this is that that

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<v Speaker 3>growth came within communities of color, and it turns out

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<v Speaker 3>that you didn't see a consummate growth, a concurrent growth

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<v Speaker 3>in the representation of those communities in the districts that

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<v Speaker 3>Republicans drew this time. Now, it's also fair to say

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<v Speaker 3>the caveats one. Not all communities of color vote, you know,

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<v Speaker 3>one way or the other, but we know where they live,

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<v Speaker 3>and in those places where they live, you didn't see

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<v Speaker 3>a growth in the number of districts in the way

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<v Speaker 3>that you would have expected. So yes, it's probably fair

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<v Speaker 3>to say, you know, Republicans didn't take the max plan

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<v Speaker 3>that they could have drawn, but they certainly tried to

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<v Speaker 3>take advantage of every bit of extra territory that they

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<v Speaker 3>got because of these new districts there before do they

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<v Speaker 3>take everything possible to know? But it is also key

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<v Speaker 3>to know Texas is continuing to grow, and so there's

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<v Speaker 3>always this question about drawing maps that make sense in time.

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<v Speaker 3>A but five years, ten years from now, as you

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<v Speaker 3>point out in Dallas, for example, you see such growth

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<v Speaker 3>in the metro area and including right the suburban counties

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<v Speaker 3>where you actually see drastic change and just who mix

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<v Speaker 3>up the district that you can't necessarily cut your margins

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<v Speaker 3>that close and expect it to perform the same way,

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<v Speaker 3>you know, years after you draw the maps. Yeah.

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<v Speaker 2>One of the key stats that opponents of the current

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<v Speaker 2>maps point out was that ninety five percent of the

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<v Speaker 2>state's population growth was by communities of color in Texas,

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<v Speaker 2>but there were no new districts drawn, you know, for

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<v Speaker 2>to represent those communities that in that time.

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<v Speaker 1>Right, the two new districts that were drawn were in

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<v Speaker 1>white dominated, were white dominated and Republican dominated. So as happens,

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<v Speaker 1>almost like clockwork, right, Texas created these maps in twenty

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<v Speaker 1>twenty one in a special session, as you said, and

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<v Speaker 1>they face a lawsuit by a group at the time

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<v Speaker 1>the Department of Justice, as well as a group of

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<v Speaker 1>plaintiffs representing voters of color, saying we've been discriminated, you know,

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<v Speaker 1>these discriminated against voters of color, and that case took,

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<v Speaker 1>as these do, close to four years to move through

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<v Speaker 1>the legal system, culminating in a trial last month in

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<v Speaker 1>El Paso, where and this is important, the plaintiffs argued

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<v Speaker 1>that these maps were drawn sort of based on race

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<v Speaker 1>to discriminate against voters of color, and the state argued

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<v Speaker 1>repeatedly their main point was these were not drawn based

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<v Speaker 1>on race. They were drawn almost entirely based on partisan goals,

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<v Speaker 1>Which brings us to, you know, a couple of weeks ago,

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<v Speaker 1>where we start hearing rumors that the Trump administration is

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<v Speaker 1>pushing Texas to do a rare but not unheard of

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<v Speaker 1>mid decade redraw of the congressional maps to try to

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<v Speaker 1>get a couple more seats in the midterm elections.

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<v Speaker 2>The idea here being, according to reporting of you know,

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<v Speaker 2>representing Trump's thinking, essentially that this is going to be

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<v Speaker 2>a hard year for Republicans nationwide. There's a decent chance

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<v Speaker 2>that Republicans will lose the House, and one way to

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<v Speaker 2>protect themselves about doing that is drawing more Republican seats

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<v Speaker 2>in Texas that could help help the Republicans maintain the

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<v Speaker 2>national majority.

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<v Speaker 1>And now, to be fair, congressional Republicans who enjoy their

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<v Speaker 1>districts that are drawn, you know, to support their reelection

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<v Speaker 1>not thrilled by this. According to reporting, you know, we've

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<v Speaker 1>heard that there's been some some real anxiety about this.

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<v Speaker 1>There was a big question about whether or not Governor

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<v Speaker 1>Greg Abbott would take this up in the special session.

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<v Speaker 2>Yeah, I mean, it's you talked about how there's precedent

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<v Speaker 2>for mid decade redistructing in Texas. That last time that,

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<v Speaker 2>of course happened, was in two thousand and three. It

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<v Speaker 2>was pushed by Tom Delay. The difference between then and

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<v Speaker 2>now is what happened right before that two thousand and

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<v Speaker 2>three redistructing was Republicans one control of the Texas House,

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<v Speaker 2>which gave them more power to draw the lines as

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<v Speaker 2>they saw fit.

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<v Speaker 1>For the first time like in modern history.

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<v Speaker 2>Right this time, the same people who drew the maps

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<v Speaker 2>in twenty twenty one are in charge are in charge now,

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<v Speaker 2>and so basically what they're being pushed to do is

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<v Speaker 2>to change the maps that they chose for a reason,

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<v Speaker 2>the reason that we sort of already described before incumbent protection.

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<v Speaker 3>Long term.

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<v Speaker 2>Of course, there have been some things that have changed, right.

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<v Speaker 2>A lot of the growth in Texas has been as

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<v Speaker 2>noted in communities of color in the suburbs. The most

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<v Speaker 2>recent presidential election, a lot of those communities went a

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<v Speaker 2>little bit to the right. They still many of them

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<v Speaker 2>still voted Democratic, but maybe not in the same margins

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<v Speaker 2>along the border, for example, which could possibly just the

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<v Speaker 2>politics have changed a little bit. Right in twenty one,

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<v Speaker 2>I think a lot of people were still thinking, right,

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<v Speaker 2>the demographic, the racial demographics in Texas are changing in

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<v Speaker 2>a way, particularly with the Hispanic vote, that would seem

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<v Speaker 2>to suggest that the Texas is trending in a blue direction.

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<v Speaker 2>I think the twenty twenty four election maybe through some

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<v Speaker 2>of that into question, particularly with the Hispanic vote, of

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<v Speaker 2>maybe that's not the case. Maybe the Hispanic vote is

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<v Speaker 2>actually going to turn out to be more conservative, more rightly,

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<v Speaker 2>more Republican than maybe people had thought in years past.

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<v Speaker 1>Right, right, I mean, before we get into like the

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<v Speaker 1>DOJ letter and all of that, Koreem, what do you

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<v Speaker 1>make of this, just this push by the Trump administration

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<v Speaker 1>to try to like get squeeze a few more, a

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<v Speaker 1>few more seats out of Texas.

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<v Speaker 3>Yeah, it is in some ways. As I say, I

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<v Speaker 3>think you're right about it being rare, but exceedingly so,

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<v Speaker 3>because right the story from twenty twenty twenty twenty one. Sorry, yes,

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<v Speaker 3>the last time around, Sorry I've lost track a few

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<v Speaker 3>years now, it was that Republicans had taken over, but

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<v Speaker 3>the plan that they were undoing was a plan drawn

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<v Speaker 3>by courts, and this is one, as you rightly point out,

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<v Speaker 3>that was drawn by the very people who are actually

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<v Speaker 3>trying to redraw it now. Looking for the Trump administration

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<v Speaker 3>to be asking them to do this, it definitely means

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<v Speaker 3>that they see the risk. And it's kind of odd

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<v Speaker 3>because if you're looking at this, I just did a

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<v Speaker 3>rough tally of the members currently serving in Congress from Texas.

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<v Speaker 3>You're about twenty four or so. The thirty eight members

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<v Speaker 3>who are Republicans, more than half of them, close to

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<v Speaker 3>like fifteen of them are in there at a most

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<v Speaker 3>their second term of office. That means that they were

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<v Speaker 3>the beneficiaries of the readon that was done last time around,

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<v Speaker 3>and as you rightly point out, there's a real risk

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<v Speaker 3>to those people if it get their districts jumbled and frankly,

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<v Speaker 3>to get more seats anywhere, you're going to have to

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<v Speaker 3>radically change a lot of lines. This isn't just a

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<v Speaker 3>surgical adjustment here or there. And so for those people,

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<v Speaker 3>you're asking them to appeal to an entirely different electorate

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<v Speaker 3>then before, probably not with a lot of money, probably

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<v Speaker 3>with the winds not flowing at their backs. So that's

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<v Speaker 3>a real challenge. I think the bigger question for the

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<v Speaker 3>question about why the administration is pushing this just now

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<v Speaker 3>sort of raises a weird uh. I think possibility that

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<v Speaker 3>if they think they've got to squeeze this much out

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<v Speaker 3>to get one or two seeds, do they think that

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<v Speaker 3>they can operate for another two years of this term

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<v Speaker 3>with just a majority in Congress of one or two seats.

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<v Speaker 3>I mean, it's a big risk. And of course, even

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<v Speaker 3>if they get what they want out of Texas, it's

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<v Speaker 3>probably going to lead to some sort of lawsuit. And

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<v Speaker 3>so then the question is is there going to be

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<v Speaker 3>some doubt in the one or two seats that are

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<v Speaker 3>in the House of Representatives If you know this happens

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<v Speaker 3>nationwide where people are picking off seats hoping to kind

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<v Speaker 3>of preserve the majority that they want. It's really I

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<v Speaker 3>think it's not the best way of forging national policy,

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<v Speaker 3>but it may for them be their only way out

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<v Speaker 3>of continuing the process that they have. And I guess

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<v Speaker 3>said the other that they set forth in terms of policy.

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<v Speaker 3>The only other thing I'd offer here is thinking about

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<v Speaker 3>where the electorate is since R twenty twenty one January fifteen,

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<v Speaker 3>or yeah, even more so since the last election. You know,

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<v Speaker 3>we've had a lot of policies that a lot of

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<v Speaker 3>people say that they weren't anticipating, even people who voted

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<v Speaker 3>for their president. So I think the question if you're

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<v Speaker 3>thinking from the state's perspective, how to craft a map

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<v Speaker 3>that's going to perform the way that you do. You're

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<v Speaker 3>five years out from the last census. You're also in

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<v Speaker 3>a really volatile time about where voters are and just

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<v Speaker 3>how they think about the president, how they think about

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<v Speaker 3>the state leadership, etc. You're playing a big gamble. I

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<v Speaker 3>can't remember if gambley is legal in Texas, but it's a.

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<v Speaker 2>Real question very much is not famously.

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<v Speaker 3>Not in Alabama either, But yeah.

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<v Speaker 2>Well, okay, and you probably haven't seen this because it

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<v Speaker 2>was tweeted out by Jake Sherman right before we sat

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<v Speaker 2>down to record. But President Donald Trump, according to Jake

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<v Speaker 2>Sherman's reports, told Republicans on a call today House Republicans

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<v Speaker 2>that the GOP will seek five new red seats in

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<v Speaker 2>the midterm reistructing effort in Texas. Right now that the

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<v Speaker 2>number is twenty five to thirteen. If they sought five

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<v Speaker 2>new seats, that would be thirty to eight, which you know,

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<v Speaker 2>I mean, Texas is a very red state. It is

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<v Speaker 2>not that red of the state, firstly geographically exactly. I mean,

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<v Speaker 2>that suggests to me that they would be taking a

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<v Speaker 2>huge risk both politically and legally and trying to get

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<v Speaker 2>that across well.

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<v Speaker 1>And I think, like, I mean, to your point, Kareem,

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<v Speaker 1>these are not there's not so much as like you

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<v Speaker 1>can't do this so easily that you can say, well,

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<v Speaker 1>we'll make this one person a little bit more vulnerable,

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<v Speaker 1>but make this person.

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<v Speaker 2>Not as well.

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<v Speaker 1>Like this is a wholesale redrawing that you're talking about

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<v Speaker 1>that could result in making I mean, could potentially.

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<v Speaker 3>Be a house of cards.

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<v Speaker 1>Right, you can get overconfident, you weaken everyone. And I mean,

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<v Speaker 1>certainly you know Texas is a red state. But like

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<v Speaker 1>the urban centers remain very blue. There are some limitations

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<v Speaker 1>to how tightly you can draw this.

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<v Speaker 2>Matt, Yeah, And I think it's just worth pointing out

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<v Speaker 2>that if you talk to Republicans privately right now, a

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<v Speaker 2>lot of them feel this risk too. You know, I'm

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<v Speaker 2>sure there are people who think this is a good

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<v Speaker 2>idea Republicans. I have not talked to any of them.

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<v Speaker 1>And if you're outside of Texas or you are you know,

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<v Speaker 1>more on like the net looking nationally short, like, let's

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<v Speaker 1>take a risk and see if we can get a

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<v Speaker 1>couple more seats. If you're a text in sort of,

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<v Speaker 1>I mean, if you certainly hold a district, but also

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<v Speaker 1>if you are thinking like you know, I like the

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<v Speaker 1>person who represents me. I would hate to lose them

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<v Speaker 1>to a Democrat. Like why do you care about this risk?

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<v Speaker 1>I mean we should say, like there is huge upside

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<v Speaker 1>to President Trump of getting even you know, one or

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<v Speaker 1>two more seats and holding onto that majority. And we

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<v Speaker 1>talked about the legal threat of course, like this these

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<v Speaker 1>new maps will be challenged in court. We will likely

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<v Speaker 1>have another election before that. I mean there's a question

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<v Speaker 1>of like, are we doing this so close to the

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<v Speaker 1>next election that it could potentially if they can delay

421
00:23:34.799 --> 00:23:39.640
<v Speaker 1>it just long enough. But realistically, the big threat is vote,

422
00:23:39.680 --> 00:23:42.839
<v Speaker 1>you know how people vote, more than I think the

423
00:23:42.960 --> 00:23:45.359
<v Speaker 1>legal threat of it getting blocked in time.

424
00:23:46.079 --> 00:23:48.839
<v Speaker 2>But can we talk a little bit about the changing

425
00:23:49.160 --> 00:23:52.599
<v Speaker 2>legal climate in which this will happen in right, because

426
00:23:52.680 --> 00:23:57.720
<v Speaker 2>I think it now seems like maybe this trial that

427
00:23:57.759 --> 00:24:00.400
<v Speaker 2>we went through could possibly be moot. Maybe I'm wrong

428
00:24:00.400 --> 00:24:02.319
<v Speaker 2>about that. You can please tell me if I am.

429
00:24:02.480 --> 00:24:04.759
<v Speaker 2>But if there's a new district what the judges said,

430
00:24:04.759 --> 00:24:09.839
<v Speaker 2>did they even? Yeah? But I mean the legal arguments

431
00:24:10.319 --> 00:24:12.200
<v Speaker 2>were a bit different this time than they have been

432
00:24:12.240 --> 00:24:15.039
<v Speaker 2>in the past, and I believe that's because of a

433
00:24:15.119 --> 00:24:17.839
<v Speaker 2>couple of Supreme Court cases that have happened since the

434
00:24:17.880 --> 00:24:20.400
<v Speaker 2>last time Texas redistricted. Can you tell us a little

435
00:24:20.400 --> 00:24:24.160
<v Speaker 2>bit about just what has changed since the last time?

436
00:24:24.640 --> 00:24:29.519
<v Speaker 2>I guess since the the twenty eleven maps were drawn

437
00:24:29.799 --> 00:24:32.319
<v Speaker 2>and we went through that whole legal process.

438
00:24:32.680 --> 00:24:35.880
<v Speaker 3>Yes, indeed, and thank you that was the years sort

439
00:24:35.880 --> 00:24:38.279
<v Speaker 3>of you know, at some point together we look at

440
00:24:38.279 --> 00:24:42.319
<v Speaker 3>this eventually discourses. But yeah, since twenty eleven, right, we

441
00:24:42.359 --> 00:24:44.160
<v Speaker 3>had a very different Supreme Court. That's the sort of

442
00:24:44.160 --> 00:24:46.880
<v Speaker 3>first thing to say, because that really if you think

443
00:24:46.920 --> 00:24:49.119
<v Speaker 3>of who was on the court then versus now. The

444
00:24:49.119 --> 00:24:51.319
<v Speaker 3>folk from on the court in the twenty eleven was

445
00:24:51.519 --> 00:24:54.519
<v Speaker 3>Justice Kennedy. He is no longer on the court. Interestingly,

446
00:24:54.720 --> 00:24:57.759
<v Speaker 3>he was the one that despite deciding that there shouldn't

447
00:24:58.200 --> 00:25:02.039
<v Speaker 3>be a constitutiontional bar to mid dec eight redistricting, they said,

448
00:25:02.079 --> 00:25:05.519
<v Speaker 3>Texas can do that if it wishes. It did. That

449
00:25:05.680 --> 00:25:08.759
<v Speaker 3>is the court, driven by Justic Kennedy, find a Section

450
00:25:08.799 --> 00:25:11.759
<v Speaker 3>two violation in Texas's map which required Texas to go

451
00:25:11.799 --> 00:25:14.160
<v Speaker 3>back and do the work anyway, so right, achieving in

452
00:25:14.480 --> 00:25:16.880
<v Speaker 3>without the you know, kind of broad legal theory that

453
00:25:17.039 --> 00:25:19.920
<v Speaker 3>at least the plaintiffs had asked for. Just Kennedy is

454
00:25:19.960 --> 00:25:21.880
<v Speaker 3>no longer there, And in fact, you've got a radically

455
00:25:21.920 --> 00:25:24.559
<v Speaker 3>different court than it used to be, one that has

456
00:25:24.640 --> 00:25:28.079
<v Speaker 3>six members that are considered quite conservative, three of whom

457
00:25:28.079 --> 00:25:33.440
<v Speaker 3>are appointed by this current president. And so since that time, though,

458
00:25:33.440 --> 00:25:35.559
<v Speaker 3>before you even get to you know, what this court

459
00:25:35.680 --> 00:25:38.480
<v Speaker 3>might do, even given its differences, you've got changes in

460
00:25:38.519 --> 00:25:41.920
<v Speaker 3>the law. You've got Justice Kennedy never let it be

461
00:25:41.960 --> 00:25:45.079
<v Speaker 3>forgotten that, you know, took us on the path about

462
00:25:45.200 --> 00:25:49.119
<v Speaker 3>understanding potential claims that might exist on partisan Jerry mandering

463
00:25:49.200 --> 00:25:51.240
<v Speaker 3>only to say in one of the cases, you know,

464
00:25:51.400 --> 00:25:53.880
<v Speaker 3>I sort of had involvement in to say, oh, we

465
00:25:53.920 --> 00:25:57.559
<v Speaker 3>don't think that there's a constitutional limit in partisan jerry mandering.

466
00:25:57.640 --> 00:25:59.559
<v Speaker 3>And by the way, I'm retiring. So he leaves the

467
00:25:59.599 --> 00:26:02.519
<v Speaker 3>court to say, right, oh yeah, this tease of like

468
00:26:02.680 --> 00:26:06.559
<v Speaker 3>power having actual leverage to stop partisenteria manager, he says,

469
00:26:06.559 --> 00:26:09.240
<v Speaker 3>he goes away the same time. We have, as you

470
00:26:09.319 --> 00:26:13.240
<v Speaker 3>all suggested earlier, more effort. In the assault on the

471
00:26:13.279 --> 00:26:17.119
<v Speaker 3>Voting Rights Act, Justice Kennedy joined a majority written in

472
00:26:17.119 --> 00:26:20.759
<v Speaker 3>a case written by Chief Justice Roberts, saying that Section

473
00:26:20.799 --> 00:26:24.200
<v Speaker 3>five of the of the Voting Rights Act has you know,

474
00:26:24.240 --> 00:26:26.839
<v Speaker 3>significant problems and therefore can't continue to be in force.

475
00:26:26.880 --> 00:26:29.319
<v Speaker 3>So it lets places like Alabama and Texas off the

476
00:26:29.359 --> 00:26:33.480
<v Speaker 3>hook to say you review to have your maps drawn.

477
00:26:33.559 --> 00:26:36.759
<v Speaker 3>So that opens the door to what you offered about

478
00:26:36.799 --> 00:26:40.279
<v Speaker 3>Texas's justification now for its maps. A, we can draw

479
00:26:40.319 --> 00:26:41.720
<v Speaker 3>what we want because we don't have to get permission

480
00:26:41.720 --> 00:26:44.720
<v Speaker 3>before we put it in place. B when we do

481
00:26:44.799 --> 00:26:46.759
<v Speaker 3>get challenge. If we do get challenge, it'll be years

482
00:26:46.759 --> 00:26:48.480
<v Speaker 3>after we get new people in office, and we'll be

483
00:26:48.480 --> 00:26:51.480
<v Speaker 3>able to say it was partisanship. It wasn't race, and

484
00:26:51.559 --> 00:26:54.920
<v Speaker 3>so we find ourselves in a space where it's a

485
00:26:54.920 --> 00:26:57.519
<v Speaker 3>lot more hostile than it used to be. Here's the

486
00:26:57.759 --> 00:27:01.359
<v Speaker 3>extra little touch that you get in the current era.

487
00:27:01.519 --> 00:27:05.759
<v Speaker 3>We now have cases that try to pull back the

488
00:27:06.319 --> 00:27:08.039
<v Speaker 3>what I think was a sort of sham of an

489
00:27:08.119 --> 00:27:10.559
<v Speaker 3>argument that again Justice Kennedy, I'm going to get back

490
00:27:10.599 --> 00:27:15.720
<v Speaker 3>on him, doesn't get enough criticism for this dance that

491
00:27:15.759 --> 00:27:17.720
<v Speaker 3>he did. He said, well, I'm going to vote to

492
00:27:17.720 --> 00:27:21.319
<v Speaker 3>get rid of for the moment, Section five. But worry not,

493
00:27:21.519 --> 00:27:24.000
<v Speaker 3>there's Section two litigation that you can go to court

494
00:27:24.079 --> 00:27:28.359
<v Speaker 3>improve cases of discrimination to stop bad plans. Well, notwithstanding

495
00:27:28.599 --> 00:27:29.920
<v Speaker 3>the fact that it takes a lot of time and

496
00:27:29.920 --> 00:27:32.640
<v Speaker 3>money to get that done, we now have an assault

497
00:27:32.960 --> 00:27:36.680
<v Speaker 3>actually that the Fifth Circuit, where Texas is located, is

498
00:27:36.799 --> 00:27:39.880
<v Speaker 3>perfectly involved in. That says, well, we're now going to

499
00:27:40.000 --> 00:27:44.720
<v Speaker 3>ask whether or not it's even within our understanding of

500
00:27:44.759 --> 00:27:48.000
<v Speaker 3>the Voting Rights Act to allow private parties to sue

501
00:27:48.119 --> 00:27:51.599
<v Speaker 3>to vindicate their rights against discrimination. Now, I will tell

502
00:27:51.640 --> 00:27:56.079
<v Speaker 3>you from the get go, in nineteen sixty five, nobody

503
00:27:56.079 --> 00:27:58.799
<v Speaker 3>in that place, including people who disagreed with the Voting

504
00:27:58.880 --> 00:28:02.839
<v Speaker 3>Rights Act, would have agreed that only the Justice Department

505
00:28:02.839 --> 00:28:05.279
<v Speaker 3>could bring lawsuits, surely they are one of the parties

506
00:28:05.279 --> 00:28:07.680
<v Speaker 3>they could, But the idea was to have private attorneys

507
00:28:07.759 --> 00:28:10.039
<v Speaker 3>general throughout the country to be able to say, on

508
00:28:10.119 --> 00:28:14.519
<v Speaker 3>behalf of voters, here's what we think is a violation

509
00:28:14.839 --> 00:28:18.200
<v Speaker 3>of the right against discrimination. And that has been the

510
00:28:18.319 --> 00:28:21.319
<v Speaker 3>law since nineteen sixty five. Only now because of the

511
00:28:21.400 --> 00:28:23.400
<v Speaker 3>case at starting in the Eighth Circuit, the Fifth Circuit

512
00:28:23.440 --> 00:28:26.519
<v Speaker 3>has now agreed with sort of this argument that well,

513
00:28:26.519 --> 00:28:28.880
<v Speaker 3>maybe we should rethink whether or not private parties should

514
00:28:28.880 --> 00:28:33.240
<v Speaker 3>bring their claims. This actually would pull the entire rug

515
00:28:33.400 --> 00:28:37.319
<v Speaker 3>under from under the Section two litigation strategy, because it

516
00:28:37.400 --> 00:28:40.039
<v Speaker 3>leaves only the Justice Department, which we now know has

517
00:28:40.039 --> 00:28:44.440
<v Speaker 3>gutted its voting rights section except apparently to protect white voters.

518
00:28:44.480 --> 00:28:48.079
<v Speaker 3>That's another conversation for another day, but that if that's

519
00:28:48.119 --> 00:28:50.880
<v Speaker 3>the only place that you can get any kind of relief,

520
00:28:51.200 --> 00:28:54.559
<v Speaker 3>you're limiting work to the number of people that are

521
00:28:54.559 --> 00:28:57.839
<v Speaker 3>available to pull these lawsuits together and a political will

522
00:28:57.880 --> 00:29:02.839
<v Speaker 3>to pursue them. That's now really what Texas among other states,

523
00:29:02.880 --> 00:29:06.240
<v Speaker 3>is now arguing that the Court should actually consider seriously.

524
00:29:06.559 --> 00:29:08.839
<v Speaker 3>And I think it's an open question because we don't

525
00:29:08.920 --> 00:29:11.720
<v Speaker 3>yet know what those six members of the Court are

526
00:29:11.839 --> 00:29:15.240
<v Speaker 3>gonna say about again something that even when he was writing,

527
00:29:15.319 --> 00:29:18.079
<v Speaker 3>Justice Thomas never really talked about that, and he wasn't

528
00:29:18.079 --> 00:29:20.880
<v Speaker 3>a fan of the Voting Rights Act. But we just

529
00:29:20.960 --> 00:29:23.720
<v Speaker 3>have to see what happens. But it's a really scary

530
00:29:23.799 --> 00:29:28.160
<v Speaker 3>time if you're thinking about what we all expected to

531
00:29:28.160 --> 00:29:31.559
<v Speaker 3>be one of the sort of bedrock foundational principles of

532
00:29:31.559 --> 00:29:34.400
<v Speaker 3>civil rights law that's now being pulled from under us.

533
00:29:34.440 --> 00:29:37.480
<v Speaker 3>And again, I take it back to this I think

534
00:29:37.519 --> 00:29:40.839
<v Speaker 3>empty promise that came from Justice Kennedy when he told

535
00:29:40.920 --> 00:29:44.799
<v Speaker 3>us that, well, the Voting Rights Act still remains a

536
00:29:44.920 --> 00:29:48.079
<v Speaker 3>valid tool of enforcement because you have Section two. There's

537
00:29:48.119 --> 00:29:50.720
<v Speaker 3>an open question as to whether we will right.

538
00:29:50.720 --> 00:29:52.240
<v Speaker 1>And I mean one of the cases I think you're

539
00:29:52.279 --> 00:29:55.400
<v Speaker 1>referencing is this the Pedaway v. Galveston County case at

540
00:29:55.400 --> 00:29:58.200
<v Speaker 1>the Fifth Circuit, which plays a big role in this

541
00:29:58.880 --> 00:30:01.359
<v Speaker 1>current issue with the DJ also speaking of the DOJ,

542
00:30:02.400 --> 00:30:05.880
<v Speaker 1>sort of political will you know, as I was saying,

543
00:30:05.880 --> 00:30:07.359
<v Speaker 1>like this was such a this was very much a

544
00:30:07.400 --> 00:30:11.599
<v Speaker 1>political question of will Governor Greg Abbott take up the

545
00:30:11.640 --> 00:30:16.279
<v Speaker 1>President Trump's pressure to redistrict in this special session that

546
00:30:16.400 --> 00:30:20.559
<v Speaker 1>sort of got an added layer of legal cover in

547
00:30:21.279 --> 00:30:25.680
<v Speaker 1>last week, Last time is a cruel mistress. Last Monday,

548
00:30:26.079 --> 00:30:30.160
<v Speaker 1>the Department of Justice issued a letter to Texas informing

549
00:30:30.200 --> 00:30:33.960
<v Speaker 1>them that four of their districts for their congressional districts

550
00:30:34.039 --> 00:30:38.920
<v Speaker 1>were unconstitutional. Three of them because their coalition districts, meaning

551
00:30:39.319 --> 00:30:45.279
<v Speaker 1>you know, the minority groups are represented by the majority

552
00:30:45.279 --> 00:30:48.119
<v Speaker 1>of the minority groups are from different minority groups. They

553
00:30:48.200 --> 00:30:51.799
<v Speaker 1>put together different minority groups to create a majority minority district.

554
00:30:53.119 --> 00:30:56.640
<v Speaker 1>That's possibly the most confusing explanation. Google coalition districts if

555
00:30:56.680 --> 00:30:59.480
<v Speaker 1>that wasn't clear. And then the fourth district was sort

556
00:30:59.440 --> 00:31:02.480
<v Speaker 1>of created because of two of those coalition districts. And

557
00:31:02.519 --> 00:31:07.319
<v Speaker 1>so they said these are unconstitutional, under citing this Pedaway v.

558
00:31:07.400 --> 00:31:11.559
<v Speaker 1>Galveston County case from the Fitth Circuit and basically directing

559
00:31:11.559 --> 00:31:16.319
<v Speaker 1>Texas to redraw their maps because it's unconstitutional. Texas then

560
00:31:16.599 --> 00:31:18.799
<v Speaker 1>Governor Greg Abbott said, you know, in light of these

561
00:31:18.839 --> 00:31:22.279
<v Speaker 1>constitutional concerns, I'm going to add redistricting to the special

562
00:31:22.279 --> 00:31:26.559
<v Speaker 1>session call. And this raised a lot of questions for

563
00:31:26.640 --> 00:31:29.599
<v Speaker 1>a lot of people. The plaintiffs in the ongoing El

564
00:31:29.599 --> 00:31:32.960
<v Speaker 1>Paso case feel like Texas has contradicted itself because they

565
00:31:33.079 --> 00:31:37.559
<v Speaker 1>argued in their you know for a month of trial

566
00:31:37.720 --> 00:31:41.039
<v Speaker 1>that these lawsuits, I'm sorry that these districts were drawn

567
00:31:41.240 --> 00:31:45.640
<v Speaker 1>on race blind grounds, they did not consider race, and

568
00:31:45.720 --> 00:31:47.759
<v Speaker 1>that the state of Texas has long held that coalition

569
00:31:47.799 --> 00:31:50.039
<v Speaker 1>districts are not sort of a justifiable way to draw

570
00:31:50.119 --> 00:31:53.240
<v Speaker 1>a map. So they felt like now Texas was sort

571
00:31:53.279 --> 00:31:59.640
<v Speaker 1>of acquiescing or surrendering to the government's argument. Texas came

572
00:31:59.640 --> 00:32:02.720
<v Speaker 1>back and said, essentially, we don't believe these maps were

573
00:32:02.799 --> 00:32:06.359
<v Speaker 1>drawn on race. You know, they were drawn on race

574
00:32:06.400 --> 00:32:09.440
<v Speaker 1>blind grounds, but we also would like to redraw them.

575
00:32:09.759 --> 00:32:12.720
<v Speaker 1>And you know, adding something to a special session call

576
00:32:12.759 --> 00:32:15.680
<v Speaker 1>is not the same as agreeing with it. Of course,

577
00:32:15.720 --> 00:32:18.240
<v Speaker 1>Governor Ibbit saying in light of constitutional concerns, sort of

578
00:32:18.440 --> 00:32:23.799
<v Speaker 1>there's a little bit of muddy water here, but either way,

579
00:32:23.960 --> 00:32:27.480
<v Speaker 1>these you know, gives them an opportunity to redraw these maps.

580
00:32:28.519 --> 00:32:31.680
<v Speaker 3>I just offered, Yeah, what's silly about this, and really

581
00:32:31.799 --> 00:32:35.160
<v Speaker 3>quite rare is for the Department of Justice to weigh

582
00:32:35.160 --> 00:32:38.119
<v Speaker 3>in and pronounce something un constitutional that hasn't been ruled

583
00:32:38.160 --> 00:32:40.119
<v Speaker 3>on by the Supreme Court of the United States. This

584
00:32:40.279 --> 00:32:44.039
<v Speaker 3>is one panel of a circuit, one circuit in the country,

585
00:32:44.440 --> 00:32:47.200
<v Speaker 3>and they've given a take that by the way right

586
00:32:48.079 --> 00:32:53.599
<v Speaker 3>flips their own precedent on this topic. It seems weird

587
00:32:53.640 --> 00:32:57.720
<v Speaker 3>that the right, the State of Texas, right, the sovereign

588
00:32:57.759 --> 00:33:00.039
<v Speaker 3>State of Texas, would all of a sudden find it

589
00:33:00.039 --> 00:33:03.839
<v Speaker 3>absolutely necessary to follow what is less than a complete

590
00:33:03.920 --> 00:33:06.240
<v Speaker 3>or final statement of what the law is that comes

591
00:33:06.279 --> 00:33:09.640
<v Speaker 3>from a justice department that you know, again interprets voting

592
00:33:09.720 --> 00:33:12.079
<v Speaker 3>rights law. That's you're not going to hear that every day,

593
00:33:12.319 --> 00:33:14.480
<v Speaker 3>So you know, you do sit and wonder whether the

594
00:33:14.480 --> 00:33:17.359
<v Speaker 3>fix is in on sort of an understanding or winkin

595
00:33:17.440 --> 00:33:19.480
<v Speaker 3>or nod about how they want to open the door

596
00:33:19.519 --> 00:33:23.880
<v Speaker 3>to this sort of redrawn But it is quite rare

597
00:33:24.240 --> 00:33:27.039
<v Speaker 3>to see the Justice Department way in to make such

598
00:33:27.079 --> 00:33:29.920
<v Speaker 3>broad pronouncements. None of this has been settled, and in fact,

599
00:33:30.039 --> 00:33:31.720
<v Speaker 3>there's plenty of belong on the other side that says

600
00:33:31.759 --> 00:33:35.160
<v Speaker 3>there's nothing unconstitutional about creating a district where people of

601
00:33:35.160 --> 00:33:37.920
<v Speaker 3>color happen to be the majority of the population, particularly

602
00:33:37.960 --> 00:33:41.920
<v Speaker 3>in a say, jurisdiction like Houston, where the population actually

603
00:33:41.960 --> 00:33:45.039
<v Speaker 3>looks like the districts that were drawn. So it's an

604
00:33:45.079 --> 00:33:50.319
<v Speaker 3>interesting dynamic where you see again the dance between the

605
00:33:50.359 --> 00:33:52.640
<v Speaker 3>state all you know, all of a sudden, thinking well,

606
00:33:52.839 --> 00:33:54.880
<v Speaker 3>clearly if the federal government told us to do what

607
00:33:54.920 --> 00:33:57.400
<v Speaker 3>we have to where that's never been anything in state

608
00:33:57.440 --> 00:33:59.559
<v Speaker 3>of Texas or for that matter, Alabama has sort of

609
00:33:59.559 --> 00:34:01.680
<v Speaker 3>stopped in its tracks to say, well, we've got to

610
00:34:01.680 --> 00:34:04.680
<v Speaker 3>rethink this thing because the federal government has suggested something

611
00:34:04.680 --> 00:34:07.079
<v Speaker 3>to the contrary, even frankly, when the Supreme Court has

612
00:34:07.079 --> 00:34:08.159
<v Speaker 3>told them to do it.

613
00:34:08.400 --> 00:34:12.000
<v Speaker 2>Right, I want to take step ask a big picture

614
00:34:12.119 --> 00:34:14.360
<v Speaker 2>question here, right, because one of the things that's sort

615
00:34:14.360 --> 00:34:17.800
<v Speaker 2>of happening, particularly in the South, but not only in

616
00:34:17.840 --> 00:34:23.599
<v Speaker 2>the South, I guess, is that there is a strong

617
00:34:23.679 --> 00:34:28.400
<v Speaker 2>racial dynamic to our politics right the you know, in

618
00:34:28.400 --> 00:34:34.119
<v Speaker 2>in the South, the Republican Party is overwhelmingly white, Black

619
00:34:34.199 --> 00:34:38.599
<v Speaker 2>voters overwhelmingly vote Democratic. Hispanic voters have been a little

620
00:34:38.639 --> 00:34:41.679
<v Speaker 2>bit shifting back and forth, right. But I'm just curious

621
00:34:41.880 --> 00:34:45.559
<v Speaker 2>kind of how you think through this idea of you know, Texas,

622
00:34:45.599 --> 00:34:48.400
<v Speaker 2>in this lawsuit, whether they're now making this case in

623
00:34:48.440 --> 00:34:51.440
<v Speaker 2>the past, made the argument that they made their decisions

624
00:34:51.559 --> 00:34:54.360
<v Speaker 2>based on how to draw the lines based on politics

625
00:34:54.480 --> 00:34:55.400
<v Speaker 2>and not race.

626
00:34:56.400 --> 00:34:59.039
<v Speaker 1>Specifically Attorney General Ken pax And saying we drew these

627
00:34:59.320 --> 00:35:00.800
<v Speaker 1>to make America great again.

628
00:35:00.679 --> 00:35:06.960
<v Speaker 2>Exactly, And how I wonder if you could just talk

629
00:35:06.960 --> 00:35:09.960
<v Speaker 2>a little bit about that kind of how difficult it

630
00:35:10.000 --> 00:35:13.239
<v Speaker 2>is to sort of separate those two things, and has

631
00:35:13.280 --> 00:35:16.599
<v Speaker 2>it become more difficult for plaintiffs in these cases seeking

632
00:35:16.639 --> 00:35:20.199
<v Speaker 2>to overturn these maps to make the case that, whether

633
00:35:20.280 --> 00:35:23.960
<v Speaker 2>it's political or not, you are diluting the power of

634
00:35:24.280 --> 00:35:27.760
<v Speaker 2>black voters of Hispanic voters by drawing the districts these ways.

635
00:35:28.519 --> 00:35:32.039
<v Speaker 3>Okay, well, let me start with the news flash. Politics

636
00:35:32.039 --> 00:35:34.840
<v Speaker 3>in the South has always something to do with race.

637
00:35:35.679 --> 00:35:36.960
<v Speaker 3>I know you're going to be shocked to hear that.

638
00:35:37.400 --> 00:35:40.960
<v Speaker 3>It's just the fact of life, right. What that effect

639
00:35:41.079 --> 00:35:44.079
<v Speaker 3>is and how it kind of plays out in policy,

640
00:35:44.239 --> 00:35:46.800
<v Speaker 3>that's a different conversation. But I think one of the

641
00:35:46.880 --> 00:35:49.519
<v Speaker 3>challenges you're rightly pointing out is, Look, the law is

642
00:35:49.599 --> 00:35:52.719
<v Speaker 3>really messy when it comes to thinking about that truth

643
00:35:53.000 --> 00:35:55.360
<v Speaker 3>that politics and race. It particularly in the South, I think,

644
00:35:55.360 --> 00:35:58.039
<v Speaker 3>frankly everywhere to some degree, but in the South it's

645
00:35:58.079 --> 00:36:01.239
<v Speaker 3>most pronounced because every you know, you name me the policy,

646
00:36:01.320 --> 00:36:05.559
<v Speaker 3>I'll trace back to some narrative that sort of shows

647
00:36:05.800 --> 00:36:07.719
<v Speaker 3>the way in which race has figured into why the

648
00:36:07.760 --> 00:36:10.679
<v Speaker 3>policy was drafted or why the policy had to change.

649
00:36:11.559 --> 00:36:14.880
<v Speaker 3>That's no less true with redistricting than anything else. The

650
00:36:14.960 --> 00:36:18.320
<v Speaker 3>law unfortunately has sort of given us this fiction to

651
00:36:18.360 --> 00:36:22.239
<v Speaker 3>suggest that one can either turn off the sort of

652
00:36:22.320 --> 00:36:25.719
<v Speaker 3>racial lens or only think about partisanship in a world

653
00:36:25.760 --> 00:36:29.360
<v Speaker 3>where we know, like think back to the Texas white primaries.

654
00:36:29.400 --> 00:36:31.519
<v Speaker 3>We call them white primaries for a reason, right, it

655
00:36:31.559 --> 00:36:34.880
<v Speaker 3>had a political consequence. There was only you know, one

656
00:36:35.000 --> 00:36:37.559
<v Speaker 3>party in town where you actually had the opportunity to

657
00:36:37.599 --> 00:36:40.239
<v Speaker 3>elect a candidate, but it was only allowed that whites

658
00:36:40.320 --> 00:36:42.679
<v Speaker 3>participating in it. And the court told us in you know,

659
00:36:42.719 --> 00:36:46.599
<v Speaker 3>the nineteen thirties to the fifties, that's illegal or unconstitutional.

660
00:36:47.159 --> 00:36:49.800
<v Speaker 3>The same is true here. But because our law sort

661
00:36:49.840 --> 00:36:55.000
<v Speaker 3>of treats them as different categories partisanship and race, it forces,

662
00:36:55.079 --> 00:36:58.639
<v Speaker 3>in some ways lied against to kind of frame arguments

663
00:36:58.679 --> 00:37:01.880
<v Speaker 3>and theories around a world where it's only thinking about

664
00:37:02.119 --> 00:37:05.039
<v Speaker 3>X or y, when in fact they're together. The complicated

665
00:37:05.679 --> 00:37:08.440
<v Speaker 3>part of this comes forward in these cases called the

666
00:37:08.519 --> 00:37:13.239
<v Speaker 3>racial gerrymanderin cases where the court is presented with this

667
00:37:13.320 --> 00:37:15.880
<v Speaker 3>claim that, well, the state took race too much into account.

668
00:37:15.960 --> 00:37:17.920
<v Speaker 3>What too much is we don't know, but the court

669
00:37:17.920 --> 00:37:20.280
<v Speaker 3>has told us if you draw really weird lines, and

670
00:37:20.320 --> 00:37:22.960
<v Speaker 3>the only way that you can explain it is race,

671
00:37:23.039 --> 00:37:27.360
<v Speaker 3>then that's unconstitutional. Even in the nineteen nineties where Justice

672
00:37:27.400 --> 00:37:31.239
<v Speaker 3>Kennedy was around, he was presented with cases where I

673
00:37:31.239 --> 00:37:34.079
<v Speaker 3>could give you a compelling argument for why partisanship was

674
00:37:34.119 --> 00:37:38.719
<v Speaker 3>the result that drove the crafting of those maps just

675
00:37:38.760 --> 00:37:43.199
<v Speaker 3>as much as race were. Because African Americans do vote

676
00:37:43.519 --> 00:37:47.119
<v Speaker 3>very heavily for Democrats, and whites in most of the

677
00:37:47.159 --> 00:37:49.960
<v Speaker 3>South tend to vote Republican, there's an instance where that

678
00:37:50.000 --> 00:37:52.880
<v Speaker 3>gets more pronounced than others, and those are the places

679
00:37:52.920 --> 00:37:57.400
<v Speaker 3>where discrimination becomes the most volatile, I think factor to

680
00:37:57.440 --> 00:38:00.519
<v Speaker 3>take account of where you see crossover with white sometimes

681
00:38:00.639 --> 00:38:03.559
<v Speaker 3>voting Democrats and sometimes voting Republicans, or as you point out,

682
00:38:03.800 --> 00:38:06.519
<v Speaker 3>Hispanics moving one way or the other, that might be

683
00:38:06.639 --> 00:38:09.159
<v Speaker 3>a lot more complicated. But where polarization is sort of

684
00:38:09.159 --> 00:38:12.679
<v Speaker 3>the name of the game, that's you're not going to

685
00:38:12.719 --> 00:38:15.599
<v Speaker 3>be able to divorce those two. And I think in Texas,

686
00:38:15.639 --> 00:38:17.719
<v Speaker 3>depending on where you are in the state, you can

687
00:38:17.760 --> 00:38:22.679
<v Speaker 3>make much more of a claim about polarization based on

688
00:38:22.840 --> 00:38:25.800
<v Speaker 3>race than anything else. And so in some ways it's

689
00:38:25.800 --> 00:38:28.079
<v Speaker 3>a bit of a fiction to try to sort of

690
00:38:28.119 --> 00:38:30.360
<v Speaker 3>distill those but the law requires us to do it,

691
00:38:30.480 --> 00:38:32.400
<v Speaker 3>and I think that's why Texas is in the ridiculous

692
00:38:32.440 --> 00:38:34.800
<v Speaker 3>position now of trying to make the argument that oh, yeah,

693
00:38:34.800 --> 00:38:36.199
<v Speaker 3>it was all a party. It was like, well, if

694
00:38:36.239 --> 00:38:39.679
<v Speaker 3>you look at your you know, Republican roster, you're not

695
00:38:39.719 --> 00:38:42.679
<v Speaker 3>seeing many people of color. And so then the question

696
00:38:42.800 --> 00:38:45.840
<v Speaker 3>gets to one that I think is most relevant, which

697
00:38:45.840 --> 00:38:48.280
<v Speaker 3>is where's the growth in the state and are we

698
00:38:48.320 --> 00:38:52.559
<v Speaker 3>seeing a consummate uptick in growth of you know, districts

699
00:38:52.559 --> 00:38:56.360
<v Speaker 3>where people from those communities can direct opportunities for who

700
00:38:56.400 --> 00:38:59.320
<v Speaker 3>gets elected versus others, and if you're not seeing that,

701
00:38:59.360 --> 00:39:01.199
<v Speaker 3>and I think Texas this is a key case of it,

702
00:39:01.360 --> 00:39:03.599
<v Speaker 3>particularly where you've seen cities crafted like you know, the

703
00:39:03.599 --> 00:39:05.679
<v Speaker 3>city of Austin, I don't need to tell you has

704
00:39:05.719 --> 00:39:08.039
<v Speaker 3>been you know, sliced in dice, you know, within an

705
00:39:08.079 --> 00:39:10.320
<v Speaker 3>inch of its leagh. But that's all in service to

706
00:39:10.679 --> 00:39:13.039
<v Speaker 3>keeping a majority of supermajority the way that it is.

707
00:39:13.320 --> 00:39:16.039
<v Speaker 3>But that doesn't change the growth in the in the jurisdiction.

708
00:39:16.119 --> 00:39:18.000
<v Speaker 3>I think that's the key thing to be thinking about,

709
00:39:18.000 --> 00:39:20.320
<v Speaker 3>and where that growth is is with people of color?

710
00:39:21.199 --> 00:39:23.079
<v Speaker 1>Can I ask? Because I think there's also an argument

711
00:39:23.280 --> 00:39:25.119
<v Speaker 1>on the right that's like, you know, the voting Rights

712
00:39:25.119 --> 00:39:27.800
<v Speaker 1>Act was important. It was important during you know, Jim Crow,

713
00:39:27.840 --> 00:39:30.440
<v Speaker 1>during the civil rights movement. Are we just going to

714
00:39:30.480 --> 00:39:31.639
<v Speaker 1>have this go on forever?

715
00:39:31.920 --> 00:39:32.119
<v Speaker 3>Right?

716
00:39:32.239 --> 00:39:34.280
<v Speaker 1>And like what do you sort of say to that,

717
00:39:34.360 --> 00:39:37.320
<v Speaker 1>to the idea that, you know, maybe this has served

718
00:39:37.320 --> 00:39:40.360
<v Speaker 1>its purpose and we can all move on into post

719
00:39:40.400 --> 00:39:41.079
<v Speaker 1>racial America.

720
00:39:41.159 --> 00:39:43.039
<v Speaker 2>Yeah, I'll just add on there. One of the things

721
00:39:43.079 --> 00:39:45.639
<v Speaker 2>they make in their document cases, they make in their

722
00:39:45.639 --> 00:39:48.519
<v Speaker 2>documents around this lawsuit is that the Texas legislature in

723
00:39:48.519 --> 00:39:51.840
<v Speaker 2>twenty twenty three was forty percent, to use their term,

724
00:39:51.920 --> 00:39:55.960
<v Speaker 2>non white right, which is significantly more diverse than the

725
00:39:56.079 --> 00:39:57.239
<v Speaker 2>US Congress.

726
00:39:59.039 --> 00:40:01.880
<v Speaker 3>It is. And you know, it's funny that, right, the

727
00:40:01.960 --> 00:40:07.679
<v Speaker 3>result of that map is due to voting rights enforcement.

728
00:40:07.760 --> 00:40:09.440
<v Speaker 3>So it's kind of weird to make the argument, as

729
00:40:09.440 --> 00:40:12.280
<v Speaker 3>they did in the Shelby County case that undid the

730
00:40:12.320 --> 00:40:14.480
<v Speaker 3>Section five of the Voting Rights Tech. Well, look around you.

731
00:40:14.519 --> 00:40:16.719
<v Speaker 3>The world is much more diverse. We don't need this anymore.

732
00:40:17.000 --> 00:40:19.519
<v Speaker 3>And you know, Justice Ginsburg made the quite the strong

733
00:40:19.599 --> 00:40:22.840
<v Speaker 3>argument that, unfortunately was in the descent. When you're arguing that,

734
00:40:22.960 --> 00:40:25.639
<v Speaker 3>you know, the evidence that you're dry is evidence that

735
00:40:25.679 --> 00:40:26.960
<v Speaker 3>you don't need an umbrella in the middle of a

736
00:40:27.039 --> 00:40:30.159
<v Speaker 3>rain storm, and that's sort of, you know, silly thinking.

737
00:40:30.320 --> 00:40:33.119
<v Speaker 3>But I think the best evidence of this is just

738
00:40:33.320 --> 00:40:36.159
<v Speaker 3>looking at the way in which polarization as expressed in

739
00:40:36.199 --> 00:40:39.480
<v Speaker 3>politics plays out and where you're seeing instances, and you're

740
00:40:39.480 --> 00:40:42.320
<v Speaker 3>seeing it in plenty of parts of Texas where people

741
00:40:42.320 --> 00:40:44.559
<v Speaker 3>of color are voting one way and they never find

742
00:40:44.559 --> 00:40:47.039
<v Speaker 3>common purpose with white people who vote in an entirely

743
00:40:47.079 --> 00:40:50.000
<v Speaker 3>different way. That means that our politics aren't the kind

744
00:40:50.000 --> 00:40:54.239
<v Speaker 3>of coalition building adventures that we would expect, and where

745
00:40:54.280 --> 00:40:57.960
<v Speaker 3>we're even going after districts that look like coalitions are

746
00:40:58.000 --> 00:41:00.000
<v Speaker 3>sort of the name of the game. It really raises

747
00:41:00.199 --> 00:41:02.400
<v Speaker 3>a question about whether or not it's that you know,

748
00:41:02.519 --> 00:41:05.480
<v Speaker 3>kind of moment where we think everybody's come together and

749
00:41:05.559 --> 00:41:09.679
<v Speaker 3>decided to look on issues outside beyond race, or at

750
00:41:09.719 --> 00:41:12.760
<v Speaker 3>least in concert with other considerations. That doesn't seem to

751
00:41:12.760 --> 00:41:14.800
<v Speaker 3>be the politics as it's been played out in Texas

752
00:41:14.880 --> 00:41:15.280
<v Speaker 3>right now.

753
00:41:16.440 --> 00:41:19.880
<v Speaker 2>I wonder another thing just to side from this brief

754
00:41:20.079 --> 00:41:25.000
<v Speaker 2>is that the state, citing the twenty twenty four Supreme

755
00:41:25.039 --> 00:41:28.800
<v Speaker 2>Court case Alexander versus South Carolina State Conference of NAACP,

756
00:41:28.960 --> 00:41:33.880
<v Speaker 2>they say, basically, the state is entitled to a powerful

757
00:41:33.920 --> 00:41:36.800
<v Speaker 2>presumption of good faith right when if you can't, you know,

758
00:41:36.840 --> 00:41:38.920
<v Speaker 2>if you don't have the strong proof either way, you

759
00:41:39.000 --> 00:41:42.360
<v Speaker 2>assume that the state is doing the right thing. Here,

760
00:41:43.280 --> 00:41:45.280
<v Speaker 2>we are going into this term where it looks like

761
00:41:45.320 --> 00:41:47.280
<v Speaker 2>there's a pretty good chance that they're going to redraw

762
00:41:47.360 --> 00:41:50.039
<v Speaker 2>these maps. There is also a lot of evidence sort

763
00:41:50.039 --> 00:41:52.440
<v Speaker 2>of just out there in the world that the political

764
00:41:52.480 --> 00:41:56.280
<v Speaker 2>motivations of this, or that the motivations of this are political,

765
00:41:57.280 --> 00:41:59.760
<v Speaker 2>you know, wanting to hold on to the twenty twenty

766
00:41:59.800 --> 00:42:06.320
<v Speaker 2>six US House in term elections. What do you see

767
00:42:06.360 --> 00:42:11.280
<v Speaker 2>like moving forward here? Do you see this because of

768
00:42:11.320 --> 00:42:13.239
<v Speaker 2>the legal climate we are in right now? Do you

769
00:42:13.280 --> 00:42:17.079
<v Speaker 2>see it as even if they do dramatically redraw these districts,

770
00:42:17.079 --> 00:42:21.079
<v Speaker 2>do you see it being difficult for plaintiff's civil rights

771
00:42:21.079 --> 00:42:23.760
<v Speaker 2>groups and everything's to fight these maps, to overturn these

772
00:42:23.760 --> 00:42:24.559
<v Speaker 2>maps in the future.

773
00:42:25.400 --> 00:42:27.159
<v Speaker 3>Right It's a really good question. I would in fact

774
00:42:27.239 --> 00:42:29.840
<v Speaker 3>tie this in some ways to the prior question you asked,

775
00:42:29.960 --> 00:42:32.280
<v Speaker 3>what does it mean to be in a place where

776
00:42:32.280 --> 00:42:34.480
<v Speaker 3>you don't need a voting rights Act? What we have

777
00:42:34.639 --> 00:42:36.920
<v Speaker 3>right now? The case that you mentioned in Alexandria is

778
00:42:36.920 --> 00:42:39.880
<v Speaker 3>a court that seems to basically say, yeah, we shouldn't

779
00:42:39.960 --> 00:42:42.960
<v Speaker 3>question without a lot of compelling evidence, the sort of

780
00:42:43.000 --> 00:42:46.840
<v Speaker 3>good faith of state legislatures. Now you know that's in

781
00:42:46.880 --> 00:42:48.880
<v Speaker 3>the face of a lot of evidence suggesting to the

782
00:42:48.880 --> 00:42:51.280
<v Speaker 3>countrary that they weren't acting in good faith. But the

783
00:42:51.320 --> 00:42:54.679
<v Speaker 3>deeper question is, if a state is acting in good faith,

784
00:42:55.239 --> 00:42:57.639
<v Speaker 3>shouldn't you expect that the state be able to show

785
00:42:57.679 --> 00:42:59.679
<v Speaker 3>and prove what they're doing. Shouldn't there be an open

786
00:42:59.679 --> 00:43:02.760
<v Speaker 3>process that's where you see what goes in, Who gets

787
00:43:02.760 --> 00:43:05.800
<v Speaker 3>to present our arguments about why districts should be a

788
00:43:05.800 --> 00:43:09.079
<v Speaker 3>certain way, and you have people explain themselves. That's exactly

789
00:43:09.079 --> 00:43:11.719
<v Speaker 3>the opposite of what states like Texas engaged in and

790
00:43:11.760 --> 00:43:15.719
<v Speaker 3>their drawing of maps. At best, you'll have a hearing,

791
00:43:15.800 --> 00:43:17.760
<v Speaker 3>but it's a very quick hearing where people sit in,

792
00:43:17.920 --> 00:43:20.000
<v Speaker 3>they show up, they see a map, they vote on

793
00:43:20.000 --> 00:43:21.800
<v Speaker 3>the map, and that's done. You don't get public input.

794
00:43:22.079 --> 00:43:24.840
<v Speaker 3>You don't hear who behind the scenes gave advice about

795
00:43:24.840 --> 00:43:27.400
<v Speaker 3>what to do and why all that stuff. Because of

796
00:43:27.480 --> 00:43:30.000
<v Speaker 3>decisions that have been reached by a lot of the

797
00:43:30.000 --> 00:43:32.760
<v Speaker 3>federal courts at present, including in the Fifth Circuit, have

798
00:43:32.920 --> 00:43:36.239
<v Speaker 3>walled off that information from plaintiffs. And to my view,

799
00:43:36.239 --> 00:43:37.800
<v Speaker 3>I mean we say this in other context, if you

800
00:43:37.800 --> 00:43:41.119
<v Speaker 3>don't have anything to hide, why not show it. This

801
00:43:41.199 --> 00:43:43.840
<v Speaker 3>is a public proceeding that's supposed to benefit the public.

802
00:43:44.239 --> 00:43:46.280
<v Speaker 3>Right now, we're in a world where in a lot

803
00:43:46.280 --> 00:43:49.199
<v Speaker 3>of these cases, the state legislature has been entitled to

804
00:43:49.440 --> 00:43:53.519
<v Speaker 3>some crafted privilege that isn't contained anywhere in the constitution

805
00:43:53.719 --> 00:43:57.280
<v Speaker 3>that will prevent plaintiffs in these Section two lawsuits from

806
00:43:57.320 --> 00:43:59.079
<v Speaker 3>just even seeing who is in the room with you.

807
00:43:59.559 --> 00:44:03.159
<v Speaker 3>Not only did you get the elected member get the

808
00:44:03.199 --> 00:44:08.000
<v Speaker 3>ability to shield yourself from scrutiny in a lawsuit, anybody

809
00:44:08.039 --> 00:44:11.039
<v Speaker 3>you talk to would also be if the courts get

810
00:44:11.079 --> 00:44:15.400
<v Speaker 3>their way here, and that actually counteracts any suggestion that

811
00:44:15.440 --> 00:44:18.280
<v Speaker 3>good faith should be. In fact, this should be exactly

812
00:44:18.320 --> 00:44:20.679
<v Speaker 3>the place where in any other place in the law,

813
00:44:20.840 --> 00:44:24.280
<v Speaker 3>we would be really skeptical of taking at face value

814
00:44:24.320 --> 00:44:27.480
<v Speaker 3>what the state says after the fact. So, to my mind,

815
00:44:27.559 --> 00:44:32.519
<v Speaker 3>you would expect to see more open processes, more engaged

816
00:44:32.639 --> 00:44:36.840
<v Speaker 3>public comment, and actual explanation, which, by the way, is

817
00:44:36.880 --> 00:44:40.840
<v Speaker 3>what exactly happens when independent commissions draw maps. But the

818
00:44:40.840 --> 00:44:43.400
<v Speaker 3>state legislature could do this as well. But when they don't,

819
00:44:43.719 --> 00:44:48.800
<v Speaker 3>it defies logic to me to expect that we should

820
00:44:48.840 --> 00:44:51.159
<v Speaker 3>just take what you say is the reason you drew

821
00:44:51.159 --> 00:44:53.920
<v Speaker 3>the map without any evidence at face value. But that's

822
00:44:53.960 --> 00:44:55.039
<v Speaker 3>what Texas basically is.

823
00:44:55.119 --> 00:44:58.639
<v Speaker 1>Arguing now, and certainly probably all of that is not

824
00:44:58.719 --> 00:45:01.320
<v Speaker 1>going to be improved by, you know, the speed at

825
00:45:01.320 --> 00:45:03.119
<v Speaker 1>which they're going to have to move through this process

826
00:45:03.599 --> 00:45:04.559
<v Speaker 1>in this special session.

827
00:45:04.760 --> 00:45:04.960
<v Speaker 3>Yeah.

828
00:45:05.000 --> 00:45:07.719
<v Speaker 2>I just want to veer back into the politics very

829
00:45:07.760 --> 00:45:10.239
<v Speaker 2>quickly here, because I think it's also worth asking the

830
00:45:10.320 --> 00:45:14.840
<v Speaker 2>question will Democrats participate in this process? Right? So folks

831
00:45:14.920 --> 00:45:17.079
<v Speaker 2>will remember from two thousand and three or you know,

832
00:45:17.199 --> 00:45:21.639
<v Speaker 2>other times where Democrats have left the state in order

833
00:45:21.679 --> 00:45:23.599
<v Speaker 2>to break quorum and make it so it would be

834
00:45:23.599 --> 00:45:27.280
<v Speaker 2>impossible to pass these maps. When I was in San

835
00:45:27.320 --> 00:45:31.119
<v Speaker 2>Antonio a few weeks ago speaking with two Democratic lawmakers

836
00:45:31.159 --> 00:45:33.840
<v Speaker 2>at a Tributne event, I asked them this, and they

837
00:45:33.920 --> 00:45:38.440
<v Speaker 2>both very strongly, strongly hinted, you know, I see no

838
00:45:38.559 --> 00:45:43.760
<v Speaker 2>reason why Democrats would ever even participate in this process. Well,

839
00:45:44.079 --> 00:45:46.639
<v Speaker 2>what is in it for them? It's interesting though, this

840
00:45:46.800 --> 00:45:49.840
<v Speaker 2>is a I don't think anyone is happy that this

841
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<v Speaker 2>has happened. But the situation has changed since then because

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<v Speaker 2>we had these catastrophic floods in Texas. Those have also

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<v Speaker 2>been added to the special special Special Session call both

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<v Speaker 2>flood relief and also like what can we do to

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<v Speaker 2>protect these communities going forward. There's all of a sudden

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<v Speaker 2>now something here in this special Session call that Democrats

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00:46:12.760 --> 00:46:14.599
<v Speaker 2>are going to really feel like they need to be

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<v Speaker 2>a part of and make sure they can get through,

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00:46:17.079 --> 00:46:20.400
<v Speaker 2>which in some ways hands Republicans a big bit of

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00:46:20.519 --> 00:46:23.280
<v Speaker 2>leverage here in terms of how they kind of get

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00:46:23.280 --> 00:46:26.920
<v Speaker 2>this across. It's just another sort of interesting thing to

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<v Speaker 2>watch as this process unfolds.

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<v Speaker 1>Right and certainly, I mean I've heard from some Democrats

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<v Speaker 1>who say, well, the governor could do a lot of

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<v Speaker 1>this on flood relief just himself through executive Well he's not.

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00:46:35.679 --> 00:46:37.920
<v Speaker 1>He's put it on the call, like you know, they're

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<v Speaker 1>going to have to be there if they want to,

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00:46:40.239 --> 00:46:43.559
<v Speaker 1>you know, not sort of be forever painted with this

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00:46:43.639 --> 00:46:46.599
<v Speaker 1>brush of like not supporting the flood relief exactly. Yeah,

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00:46:46.679 --> 00:46:50.440
<v Speaker 1>so I do think that is like a layer even

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<v Speaker 1>no one else was, you know, no one could have predicted.

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<v Speaker 1>Of course, that has really amplified all of this. Yeah,

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00:46:57.679 --> 00:47:02.039
<v Speaker 1>well special Session starts twenty first, you know, a little

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<v Speaker 1>less than a week from today, expecting a big redistricting

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00:47:05.159 --> 00:47:09.079
<v Speaker 1>fight on that's going to involve you know, all levels

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<v Speaker 1>of government straight up to the President, and a lot

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<v Speaker 1>of eyes on that really really want to thank you

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<v Speaker 1>Kareem for joining us. This was a great conversation. You

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<v Speaker 1>can find the Trip Cast everywhere you get your podcasts.

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<v Speaker 1>Our producers are Rob and Chris and we will be

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<v Speaker 1>back next week.
