Maybe there’ll be ‘a unilateral surrender’ on re-redistricting after all

Just to follow up on an item from last week, it appears that I misjudged the Dems’ appetite for a fight. The Supreme Court ruled that states were free to re-draw congressional-district lines whenever state lawmakers chose to do so, validating Tom DeLay’s 2003 Texas scheme, which produced five new GOP House members in 2004 (in a cycle in which the GOP went +4 for the year).

I argued, perhaps naively, that Dems, who didn’t want to engage in underhanded re-redistricting schemes before, will feel little choice but to do so now. After all, the GOP is using this approach to gain seats before anyone even casts a vote — once they control a state’s government, they re-draw boundaries to “fix” the House races in advance. They’ve already played this game in Texas, Georgia, and Colorado. (Colorado’s scheme was rejected in court, but they’re likely to bring it back up again in light of last week’s ruling.)

So, Dems are going to fight fire with fire? Not so much.

The result, redistricting experts say, yields perhaps four states where Democrats conceivably could try a mid-decade gerrymander comparable to that of Texas’s: Illinois, North Carolina, New Mexico and Louisiana. In each one, however, such a move seems unlikely because of factors that include racial politics, Democratic cautiousness and even a hurricane’s impact.

In Illinois, as in many other states, the current congressional map is the product of a bipartisan agreement to protect incumbents of both parties, election after election. Democrats, who hold 10 of the state’s 19 House seats, control the legislature and hope to reelect Gov. Rod Blagojevich this fall. They possibly could gain another House seat or two in the 2008 elections by packing Republican voters into overwhelmingly GOP-leaning districts, the tactic that DeLay used against Texas Democrats.

But recent history suggests that they will demur. The current district lines have strong support in both parties, and Rep. Rahm Emanuel (D-Ill.) got nowhere last year with a bid to redraw them in retaliation for what happened in Texas. “I couldn’t get enough fellow Democrats to see the benefits of that,” said Emanuel, who chairs his party’s campaign to elect more House members.

Last week, Howard Wolfson, a former executive director of the Democratic Congressional Campaign Committee, told the Wall Street Journal that “not doing it would constitute a unilateral surrender.” This week, that sounds like exactly what’s going to happen.

As far as I can tell, there are three choices here.

One, Dems can take the gloves off and do exactly what the Republicans have done. Particularly in states like Illinois and New Mexico, it’d be fairly easy for the party to give the district lines a little touch up and pick up a half-dozen new seats. In a narrowly-divided House of Representatives, that could mean the difference between the majority and the minority.

Two, they could push legislation that would change, and improve, the way the process works. Rep. John Tanner (D-Tenn.) unveiled a bill a year ago that would create national standards for redistricting, including the creation of nonpartisan commissions in each state to redraw district lines just once every 10 years. In the 19th century, we frequently saw partisan mayhem, with parties trying to redraw congressional district lines every time a legislature would change hands. Rather than going down this road again, the way 21st-century Republicans want to, Dems could rally behind “redistricting reform” and try to end this nonsense altogether.

Or three, Dems could do nothing. Republicans in states like Texas, Georgia, and Colorado, taking direction from party leaders in DC, play fast and loose and beat Dem incumbents by “fixing” their districts, and in return, Dems take the high road and avoid the unpleasantness.

My personal preference is the federal-standards approach, but it seems that the party has settled on Door #3. Maybe a couple more “red” states have to pull this stunt before Dems realize “unilateral surrender” is exactly what the GOP is counting on.

Much as the partisan firebrand in me wants to go right at ’em and redistrict away, I too, support a federal standard of non-partisan commissions. You know, doing the right thing and ensuring that the system operates the way it should…

  • I guess I could get behind one retaliatory redistricting strike, and then with the regained control, do the legislation.

    It’ll never happen with Republicans in charge.

  • Mr. Furious, comment #2, is exactly right. First we regain the House, then we ensure that objective fair redistricting rules are created by the Feds.

    question though: I thought the Constitution pretty much guaranteed that states had the control over this area? Yes, the Federal gov’t could tinker at the edges to ensure that other constitutionally-protected rights were not trampled on (outlawing poll taxes, VRA, etc). Anyone care to elaborate on how a federal law governing redistricting would pass constitutional muster?

    thanks in advance.

  • “Or three, Dems could do nothing.”

    About what I should have expected. After all, we are the tolerant party. We don’t do underhanded things out of political calculation. No, we play by the rules and always say a kind word. We turn the other cheek and practice the Golden Rule. Democrats do What Jesus Would Do.

    Which kind of leaves us at the mercy of the un-Christian, do anything for power Republican’ts, doesn’t it?

    At least we’ll be the ones seeing the glories of Heaven while the likes of DeLay and Ken Lay burn in hell.

  • The Colorado case probably won’t come up for two reasons:

    1) Democrats control both house now so they won’t challenge the ruling which was generally in their favor, and

    2) the State Supreme court decided it based on the State constitution.

    I would like to see non-partisan commissions like those in Iowa determine the congressional districts. No one is helped by having so many safe seats. Government doesn’t respond to the needs of the electorate, only to the desires of the partisans.

  • More and more Democrats show twhy they do not deserve anyone’s support.

  • My guess that any Democratic plans for redistricting revenge are on hold until after the elections — they want to be above the fray until then.

  • It’s too bad … they could have redrawn Denny Hastert’s district out of existence. Nothing would have said “payback’s a bitch” than throwing the Republican Speaker of the House out on his ass.

    But that’s the Democrats’ MO, just when things are starting to go in their favor it’s time to forfeit. It just wouldn’t be right to have an advantage over the Republicans.

  • So the Democrats are going to roll over and play dead again. Does this surprise anyone?

    Disappoint, yes; surprise, no.

  • Mr. Furious is correct: Give ’em one taste of their own freaking medicine, then fix the broken system.

    Looks like the Dems will be balless yet again.

  • You guys have it right. It’s kind of like foreign policy: we have to show that reckless, counterproductive actions have consequences. I *love* the idea of knocking out Hastert… then basically going to whoever might see reason among the Republicans and saying, “We can either keep going down this road of tit-for-tat, at god knows how much damage to the country and to making reasonable policy. Or we can fix this now and try to get House elections working the way the Constitution and Founders thought they should.”

    Unfortunately, force and reprisal are the only things that the Roveublicans understand. Perhaps after bloodying their noses, they can be made to see reason… but certainly not before.

  • Long ago, Dad taught me how to stand up to a bully.
    When they grab your lunch money, make a scene, show your grit and put up a fight.

    How are the Democrats going to learn this simple lesson?
    Bullies only understand power.

  • As I posted at AMERICAblog a little while ago,

    With all due respect to women everywhere, this just shows that if you act like a pussy, sooner or later you’re going to get fucked. Sure explains why Dems (and most of America with them) are getting fucked by the playground bullies in the Rethug Party.

    Pathetic…..

  • Look I’d like to see the Dems gain more seats, but this doesn’t strike me as the best way to do it. Of course there is the matter of, well how craven do we look if we repeatedly blast DeLay and company for doing this, and then we do it at the first opportunity? It’s not about surrendering – it’s about making sure voters don’t also see us manipulative, self-serving liars. The state reps who’d have to vote on these sorts of plans could easily come under a lot of criticism in their district for prioritizing the interests of their party over those of their constituency. Secondly, redistricting plans are often extremely hard to pass even once a year. The level of in-fighting that goes on is fierce, and it’s absurd to just assume that some state legislature can agree on some great partisan plan just because they have a handful more Democrats in it than Republicans. Finally, and relatedly, in a number of state legislatures (especially the part-time ones) partisanship just isn’t that terribly strong (or not necessarily stronger than other factional interests). Usually it’s not to the degree of Louisiana’s legislature (where you’ve had Republican Speakers and Senate Presidents even though the majority has always been Democrats), but that is true to lesser degrees in a number of places.

    Some sort of federal legislation is likely to be more effective than relying on the odd state here and there to re-district now.

  • Unfortunately, #3 is not uncharactaristic of the Democratic leadership. They appear to truly be satisfied by and comfortable with losing. The only way out of this Catch-22 for those of us who want our party to start winning and remain in a principled contrast to the Republicans is #2. Somehow I suspect that even if the Dems retake Congress this will fall through the cracks and fail to make it on the agenda.

  • … whoever might see reason among the Republicans …

    I think everyone fitting that description retired some time ago.

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