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Posted on 11/16/2001 1:14:56 PM PST by KQQL

New Texas Map Protects Members By John Mercurio

Seeking middle ground in a redistricting battle that has far-reaching implications in the fight for control of the House, a federal court yesterday released a new Texas map that protects most incumbents and creates two open-seat GOP districts.

House Republicans now are likely to gain at least two seats in Texas, but GOP aides said the map could also threaten Democratic Reps. Chet Edwards, Charlie Stenholm and Ralph Hall. "Hall and Edwards have gotten their last free ride," said Carl Forti, a National Republican Congressional Committee spokesman. "They're in trouble."

Citing House Majority Whip Tom DeLay's (R-Texas) claim that any "fair" Texas map should produce a gain of six to eight Republican seats, House Democrats said the three-judge panel's unanimous decision dealt a blow to GOP hopes of holding the majority.

"Republicans made the mistake of believing their own spin about Texas politics," said Democratic Caucus Chairman Martin Frost, whose Fort Worth-area district was made slightly more Hispanic and Democratic. "The truth is, Texas is a strong two-party state, and this map reflects that reality."

The judges for the U.S. District Court for the Eastern District of Texas (one Republican and two Democrats) did not create a majority-Hispanic district, which had been widely expected because of the community's 53 percent growth in Texas during the 1990s. Hispanics accounted for 32 percent of Texans in the 2000 census, but they may continue to hold just six of the state's 32 House seats (19 percent) in the next Congress under the court's map. An attorney with the Mexican American Legal Defense and Educational Fund said the group may appeal the map to the U.S. Supreme Court.

African-American groups, however, praised the new plan, noting that it creates a Houston-based district that a black Democrat could win. The 25th district, in which black voters would comprise 22 percent of the population, is currently held by Rep. Ken Bentsen (D), who announced Tuesday that he would run for Senate next year, regardless of the court ruling. But unlike a map released by a lower court, the new proposal would not eliminate Bentsen's seat and force him to challenge Rep. Sheila Jackson Lee (D) if he wanted to stay in the House.

Curiously, in their 16-page opinion, the judges pointed out that their map was motivated in part by the large number of "unique, major" leadership positions held by the delegation.

"Doubtlessly, some may see such weighting as an incumbency factor since Congressional leadership so directly correlates with seniority," they wrote. "Nonetheless … this correlation is no longer so complete. It does not here offer purchase to one political party over another. And it reflects a traditional state interest in the power of its Congressional delegation distinct from partisan affiliation."

The delegation's House leaders are Frost, DeLay, Edwards, a Chief Deputy Minority Whip; Stenholm, ranking member of the Agriculture Committee; Majority Leader Dick Armey (R), and Agriculture Chairman Larry Combest (R).

"I've never seen this done before," Frost said, laughing. "They're federal judges, but they're from Texas. They're Texans."

Both parties responded with tentative approval of the court's decision, which was prompted by the divided state Legislature's failure to approve a map this summer. "It's reasonable and fair," said Texas Rep. Max Sandlin (D). "I regret losing those few voters who are no longer in my district, but I'm pleased with the overall outcome."

The new map is likely to remain intact, at least for 2002. The court's redistricting plan can be appealed directly to the U.S. Supreme Court, but lawyers from both parties said they doubt the High Court would halt next year's elections while the case was on appeal.

"Under the map outlined by the court, every Democratic incumbent in Texas will be strongly favored to win re-election, which means we will be returning a Democratic majority in the Texas delegation to Congress," said Democratic Congressional Campaign Committee Chairwoman Nita Lowey (N.Y.) in a statement.

Democrats currently hold a 17-13 edge in the Texas delegation. Even some Republicans conceded that the map did not go far enough for them to accomplish their national goals. "The panel left Hispanics, blacks and Republicans still underrepresented," said Jim Ellis, executive director of DeLay's Americans for a Republican Majority PAC (ARMPAC).

"It does fall short,"he said. "There's no question about that."

Members who appear to benefit most from the plan, even if only marginally, are Reps. DeLay, Lloyd Doggett (D), Kay Granger (R), Pete Sessions (R) and Mac Thornberry (R), based on party performance in recent statewide races. Members whose districts were made slightly more competitive in the 2000 contests include Reps. Edwards, Combest and Joe Barton (R).

Based on the new map, however, the NRCC is already planning to target Hall, Edwards and Stenholm, all of whom were re-elected by double-digit margins last year.

"They've been saying that for 23 years, and nothing's changed. Any district that they draw for us we're going to run in and we're going to win in," said Stenholm, noting that his new district includes 89 percent of the current 17th. "I'm very pleased."

Republicans insist Stenholm can finally be ousted under the new map, and they note that Edwards gained part-of GOP-leaning Williamson county, while Hall picked up Republican voters in Smith and Greg counties and lost a chunk of his base in Hunt and Denton counties.

"Ralph Hall has to make a decision," said a House GOP leadership aide. "Maybe he'll take a position in the Bush administration and end his political career in peace. If not, he's going to have the race of his life in 2002. Everyone likes Ralph Hall, he's every Republican's favorite Democrat. But the bottom line is that he votes for [Minority Leader] Richard Gephardt."

The two open seats that Texas gained in reapportionment, the 31st and 32nd districts, are heavily Republican, according to party performance in statewide races last year. On average, Republicans took 70 percent of the new 31st district in 2000 statewide races and 66 percent of the 32nd, according to the Texas Legislative Council.

The court put one open district, the 32nd, in the northwest section of Dallas County. The 31st connects a central Texas area, including parts of Williamson County and Austin-based Travis County, to a sliver of Houston-based Harris County.

Although both parties expressed support, Hispanic groups said the ruling was the latest setback for their efforts to increase minority representation in Congress. MALDEF is already challenging the California redistricting plan in court as a violation of the Voting Rights Act.

Representing several Latino groups, MALDEF wanted one of those new Texas districts to be drawn in south Texas, where Hispanics would have an opportunity to elect a candidate of their choice.

The court said that drawing a Hispanic district was a "political" act that would be more appropriate for the state Legislature to handle. Using a separate set of legal criteria, however, the judges said they were unable to achieve that goal.

Even though he had backed efforts to create a Hispanic district, Frost said he did not plan to challenge the court's refusal to do so. "They decided there wasn't a compact Hispanic community that could create a new majority district, and it's hard to argue with the court on that," he said. "I don't know that there's much that can be done."

One day before the court released its redistricting decision, Bentsen said he'd run to succeed retiring Sen. Phil Gramm (R) next year, creating a good opportunity for blacks to enhance their ranks on Capitol Hill.

Bentsen, who will formally announce his campaign Nov. 26 in Texas, said new polling he recently commissioned demonstrates that he would be the strongest Democratic nominee. "I think the primary and general are wide open, and I have a very good opportunity to win them both," said Bentsen, 42, the nephew of ex-Sen. Lloyd Bentsen (D), in an interview Tuesday.

At least three other Democrats - Dallas Mayor Ron Kirk, teacher Victor Morales and attorney Ed Cunningham - are running. Dan Morales, a former state attorney general, will decide later this month whether to join th contest.

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