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2011 Congressional Plan
Perez v. Perry, et al.
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INTENTIONAL VOTE DILUTION
“Viable vote dilution claims require proof that the districting
scheme has a discriminatory effect and the legislature acted with a
discriminatory purpose.”
Backus v. South Carolina, 857 F. Supp. 553, 566
(D.S.C. 2012), aff ’d, 133 S. Ct. 156 (2012).
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FAVORING REPUBLICAN CANDIDATES AND VOTERS
IS NOT INTENTIONAL RACIAL DISCRIMINATION
“Our prior decisions have made clear that a jurisdiction
may engage in constitutional political gerrymandering
even if it so happens that the most loyal Democrats
happen to be black Democrats and even if the State were
conscious of that fact.”
Hunt v. Cromartie, 526 U.S. 541, 551 (1999)
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Principal Claims Against Plan C185
1.
2.
3.
4.
Failure to Reflect Population Growth
Congressional District 23
Eric Opiela
Economic Engines
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THE POPULATION GROWTH ARGUMENT
“Importantly, almost 90 percent of the State’s dramatic population
increase is attributable to its minority residents.”
United States Post-Trial Summary at 1 (ECF No. 1233)
“Plan C185 fails to reflect the racial and ethnic makeup of Texas,
and fails to respect the growth of minority population in the state
during the last decade.”
Quesada Plaintiffs’ Bench Brief at 1 (ECF No. 1234)
“The Hispanic population of Texas is almost the same as that of
the entire population of Michigan. . . . From 2000-2010 Michigan
had 15 members of Congress.”
Summary of LULAC Argument at 1 (ECF No. 1235)
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PLAN 1374C (2003)
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DOWNTON’S EFFORT TO DRAW D/FW DISTRICT
Q. Okay. So I want to focus on north Texas for a moment. And you
mentioned several of the plans that you received during the session had
proposed demonstration districts in the Dallas/Fort Worth area. What
steps did you take to draw a new district or to attempt to draw a new
district in the Dallas/Fort Worth area?
A. And you’re focusing on a minority opportunity district?
Q. The minority opportunity district, yes.
A. I looked at the maps I had received. None of them had HCVAP above
50 percent. So I tried tinkering with them to see if I could get there. And
it became clear to me that there was no way to get there.
Testimony of Ryan Downton, Tr. 1598:10-21.
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HANNA’S EFFORT TO DRAW D/FW DISTRICT
Q. So you were mapping in DFW to try to see if you could get to a
majority Hispanic district; is that right?
A. Yes.
Q. And what did you conclude as a result of that exercise?
A. You know, I don't remember for sure. I think I stopped -- I believe I
saw a plan that you had that got to 50.1 percent HCVAP population. I
thought that it had a lot of arms and tentacles, so I thought I would take a
try at it myself and see if I could get something that looked more
compact. When I realized I couldn’t, I pretty well stopped.
Testimony of David Hanna, Tr. 1576:19–1577:3.
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GOALS IN CD 23
Q. [W]hat were the committee’s goals with respect to the
configuration for Congressional District 23 in the 2011
session?
A. District 23 was represented by Congressman Quico
Canseco, who is a Hispanic Republican, so the committee’s
goals were twofold; one, to make it possible for him to be
reelected as a Hispanic Republican; and, two, maintain or
increase the percentage of Hispanic citizens within the
district to comply with the Voting Rights Act.
Testimony of Ryan Downton, Tr. 1634:19–1635:2.
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REPUBLICAN PERFORMANCE INCREASED
Q. In your analysis of CD 23, you concluded that precincts
moved in and out of CD 23 had higher levels of republican
support than those that were moved out?
A. Yes, that’s true.
Q. Okay. So the partisan goal of giving Congressman
Canseco a chance to be reelected by increasing republican
performance, one of Downton’s goals, was met?
A: Oh, yes.
Testimony of Dr. Theodore Arrington, Tr. 451:1-8.
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DIFFERENCES IN DEMOGRAPHIC LEVELS AND
POLITICAL PERFORMANCE
Source: Ex. D-677
Source: Ex. D-692
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TURNOUT IN BEXAR COUNTY
Q. Okay. So Latino -- we don't have to show that.
Latino turnout, just so that the record is clear, with
respect to the Latino turnout in this Bexar County
in CD-23, that actually went up?
A. Yes, it did increase.
Testimony of Dr. Henry Flores, Tr. 555:13-17.
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NO EVIDENCE THAT ERIC OPIELA’S IDEAS
WERE CARRIED OUT IN PLAN C185
Q. Okay. All right. One last question on CD-23,
you haven’t seen or heard any evidence that
anything Eric Opiela discussed in his e-mails was
ever carried out in the congressional plan map;
have you?
A. No.
Testimony of Dr. Richard Murray, Tr. 1426:14-18.
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CONGRESSIONAL DISTRICT 26
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POLITICAL BALANCING IN CD 26
Q. And why were you trying to extend District 26, which is
based in Denton County, down into Tarrant County?
A. Because if you look at the statistics in this map, District
26 is 50-percent McCain, which is very high for that region,
and District 12 is 57.8 percent. District 12 borders on
District 26 here. If I left this Democratic area in District 12,
it would drop District 12’s McCain percentage further, and
there is already a couple of point gap, even with the change
I made, and the congressman would complain if someone
else was getting a better district.
Source: Testimony of Ryan Downton at 1612:17-1613:1
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DAVID HANNA’S ADVICE ON CD 26
Q. Do you remember offering some advice about the
configuration of the congressional district in Dallas-Fort Worth
with respect to the assignment of minority neighborhoods?
A. Again, just that minority neighborhoods, either Black or
Hispanic, be kept whole.
...
Q. And did you offer any opinion about the extent to which
those boundaries might separate Latino from African-American
residents in Tarrant County?
A. No, I was not concerned with that.
Source: Testimony of David Hanna at 1546:24-1547:4, 1547:12-15.
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Downton Used Racial Shading in CD
12 to Keep Communities of Interest
Together
Q. And why would you use racial shading to, when you were drawing,
to keep these two communities of interest together?
A. Well, it is the only way you can – you can do it. If your community
of interest is the Fort Worth black population or your community of
interest is the northern Fort Worth Hispanic population or the
southern Forth Worth Hispanic population, the only way you can
identify those, if you don’t know the area, and I don’t know Fort
Worth at all, is by using racial shading of the map.
Source: Testimony of Ryan Downton at 1619:18-1620:1
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JOHN CULBERSON LOST RICE UNIVERSITY
AND M.D. ANDERSON CANCER CENTER
Q. What congressional district is Rice University in under
Plan C-185?
A. 18.
Q. And that's Sheila Jackson Lee's district; right?
A. That's correct.
Q. So John Culberson lost an economic asset in Plan C-185 to Congresswoman
Jackson Lee; correct?
A. That is correct.
...
Q. And John Culberson, in District 7, he no longer has part of the MD
Anderson Cancer Center in his district; is that right?
A. That's correct.
Testimony of Dr. Richard Murray, Tr. 1456:24-1457:4-8; 1459:11-13.
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PETE OLSON LOST HOBBY AIRPORT
Q. And so when you wrote your reports, and when
you've given your testimony in this case, you didn't
consider that Pete Olson used to have Hobby Airport
in Plan C-185, and he lost it to Gene Green in District
29; you didn’t consider that -A. I was aware of that, but I didn’t emphasize it in my
report.
Q. Well, you didn’t say it at all in your report; did you?
A. That’s correct.
Testimony of Dr. Richard Murray, Tr. 1455:5-12.
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OTHER ECONOMIC ASSETS LOST BY
ANGLO CONGRESSMEN
Joe Barton (CD 6)
University of Texas-Arlington
AT&T Stadium
Arlington Convention Center
Six Flags Over Texas
GM Arlington Assembly Plant
John Culberson (CD 7)
Baylor College of Medicine
University of Texas Medical School
University of St. Thomas
Baker Hughes Global Headquarters
Houston Museum of the Fine Arts
Lloyd Doggett (CD 25)
Texas State University
Austin-Bergstrom International Apt.
Long Center for the Performing Arts
Lamar Smith (CD 21)
Texas State Capitol
University of Texas-Austin
Frank Erwin Center
Darrell K Royal-Texas Memorial
Ted Poe (CD 2)
Lamar University
Port of Beaumont
Port of Port Arthur
Motiva Enterprises Refinery
Valero Refinery
Total Port Arthur Refinery
Kenny Marchant (CD 24)
Dallas Baptist University
Lone Star Park
QuikTrip Park
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REPUBLICAN MEMBERS LOST DISTRICT OFFICES
John Culberson (CD 7)
Lamar Smith (CD 21)
Kevin Brady (CD 8)
Michael McCaul (CD 10) (Two Offices)
Joe Barton (CD 6) (Two Offices)
Testimony of Dr. Richard Murray, Tr. 1468:17-19; 1469:21-23; 1471:9-15; 1472:1722, 1474:4-5; 1475:6-8, 1476:3-5.
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DISTRICT OFFICES: A MISTAKEN IMPRESSION
Q. So you didn’t do anything, when you testified
here or when you wrote your reports, to verify that
only the black members of Congress and not any
of the Anglo members lost their district offices in
Plan C185, did you?
A. I was clearly under a mistaken impression.
Testimony of Dr. Richard Murray, Tr. 1478:4-10.
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LEGISLATIVE PROCESS
“There was plenty of time to conduct further debate, if the
leadership had desired to do so, but it did not happen. . . .
If a redistricting plan had not passed during the special
session, the governor could have called a second special
session. In fact, there were three special sessions to deal
with redistricting in 2003.”
United States’ Post-Trial Summary at 15.
“In 2003, when State leaders engaged in mid-decade
redistricting, the Governor called three special sessions to
conclude work on congressional redistricting.”
Quesada Plaintiffs’ Bench Brief at 6.
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PARTISANSHIP WAS THE PREDOMINANT
FACTOR IN CONGRESSIONAL REDISTRICTING
“The legislature would not pass a map that created more
than one new Democratic district, unless they were required
to. It wasn't an issue of whether it was a minority district or
not. It was the issue of Democratic district. We created two
new minority districts, but took away one non-minority
Democratic district.”
“The legislature was not in favor of electing more
Democrats, regardless of race.”
Testimony of Ryan Downton, Tr. 1809:15-20; 1810:15-19.
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CLAIMS OF INTENTIONAL DISCRIMINATION
REQUIRE EXTRAORDINARY CAUTION
[C]ourts must “exercise extraordinary caution in adjudicating
claims that a State has drawn district lines on the basis of
race” . . . . Caution is especially appropriate in this case, where
the State has articulated a legitimate political explanation for
its districting decision, and the voting population is one in
which race and political affiliation are highly correlated.
Easley v. Cromartie, 532 U.S. 234, 242 (2001) (quoting Miller v.
Johnson, 515 U.S. 900, 915 (1995)).
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2011 Congressional Plan
Perez v. Perry, et al.