New Mexico Democrat-Led Legislature’s Gerrymander Ruling Upheld
A Victory for New Mexico Democrats: Judge Upholds Congressional Map
A New Mexico 9th Judicial District judge has upheld the state’s post-2020 Census reapportionment, dismissing claims by the Republican Party of New Mexico that the Democrat-led state legislature’s congressional map is a “racial gerrymander” that violates the state’s Constitution.
The 14-page ruling issued Oct. 6 will be challenged by the state’s GOP, but it virtually ensures New Mexico’s three congressional districts—all represented by Democrats—will remain as they are for the 2024 elections.
The New Mexico congressional map lawsuit is one of at least a dozen underway in state and federal courts across the country, including a South Carolina case, Alexander v. South Carolina State Conference of the NAACP, to be heard before the United States Supreme Court on Oct. 11.
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How and where those court decisions shake out could have significant repercussions in Congress, potentially making it structurally more difficult for Republicans to expand or sustain their current 222–212 U.S. House majority in 2024’s elections.
The New Mexico decision follows an Oct. 5 ruling by a three-judge U.S. Northern District of Alabama panel that creates a new Alabama congressional map containing one majority-black district and another near-black-majority district presumptively favoring Democrats. Right now, the state’s seven-member congressional delegation consists of six Republicans and one Democrat.
Alabama’s new map will also likely be in place for the 2024 elections, even if state GOP officials continue challenging Allen v. Milligan, which the United States Supreme Court voted 5–4 on June 8 to kick back to the same circuit court panel that initially rejected the map and issued the Oct. 5 ruling.
The Republican Party of New Mexico, state Sen. David Gallegos (R-Eunice), several individual voters, and Roswell Mayor Timothy Jennings, a former Democrat state senator still registered with the party, filed the lawsuit, Republican Party of N.M. v. Toulouse Oliver, on Jan. 21, 2022.
The complaint alleged the congressional map redrawn by the state legislature during a 2021 special session and signed into law by Democrat Gov. Michelle Lujan Grisham was done “in contravention of traditional redistricting principles … to accomplish a political gerrymander that unconstitutionally dilutes the votes of residents of southeastern New Mexico in order to achieve partisan advantage.”
The suit was filed in Clovis, where a state district court judge determined plaintiffs had “a strong, well-developed case that [the 2021 map] is an unlawful political gerrymander that dilutes Republican votes in congressional races in New Mexico.”
The state appealed to the New Mexico Supreme Court. In July, it ruled the lawsuit was “justiciable”—justified—under state law and sent the case back to the state 9th Judicial District Court and Judge Fred Van Soelen.
The Supreme Court gave the state circuit court an Oct. 1 deadline to issue its ruling. It extended that deadline to Oct. 6 following a Sept. 27–28 trial.
Attorneys for the state’s GOP argued the Democratic-led Legislature intentionally diluted Republican votes in the state’s Congressional District 2 (CD2), which had “leaned Republican.”
Plaintiffs presented emails between Democrat officials that showed they reapportioned the state’s three congressional districts to ensure a “balancing” of districts, each with 53 percent or above of registered Democrat voters.
GOP: Gerrymander Led to Flip
In the 2022 midterms, Rep. Gabe Vasquez (D-N.M.) unseated Republican incumbent Yvette Herrell by 50.32 percent to 49.68 percent, less than 1,500 votes.
In the ruling, Judge Van Soelen wrote that “objective evidence presented shows the resulting dilution of the plaintiffs’ vote was substantial” but not enough of “an egregious partisan gerrymander” to be unconstitutional under state law.
“Some degree of a partisan gerrymander is permissible,” he wrote. “It is only when partisan gerrymanders are ‘egregious’ that Constitutional protections are indicated.”
The judge determined the contested redistricting met the state’s test for preventing an “egregious partisan gerrymander” and plaintiffs did not prove “the disparate treatment of vote dilution rises to the level of an egregious gerrymander.”
While the Legislature intended to “entrench their party in [CD 2], and they succeeded in substantially diluting their opponents’ votes,” given “variables that go into predicting future election outcomes, coupled with the competitive outcome of the only actual election held so far” under the map, plaintiffs did not provide evidence to show that the defendants were “successful in their attempt to entrench their party in Congressional District 2,” he wrote.
The Republican Party of New Mexico Chairman and former U.S. Rep. Steve Pearce said in a statement that the ruling is “bigger than Republican or Democrat. It struck at the heart of our Republic, the form of government that allows all beliefs to have a voice.”
Mr. Pearce said Judge Van Soelen acknowledged CD 2’s partisan gerrymandering but somehow decided a shift “18 points in favor of Democrats” was not “egregious enough.”
“The gerrymandered districts disenfranchise the votes of all conservative voters: Hispanic, Native American, Black, and all other pro-family, pro-parent, pro-gun, pro-life voters, farmers, and oil and gas workers,” he said. “Democrat, Republican, and Independents alike have lost their voice. New Mexico’s primary industry is undermined, and jobs are at stake.”
The state’s Republican Party “believes the fight is too important to accept this setback without contest,” Mr. Pearce said. “On behalf of all disenfranchised voters in the state of New Mexico, [the state GOP] will be appealing our case to the New Mexico Supreme Court.”
What claims were made by the Republican Party of New Mexico regarding the post-2020 Census reapportionment in the state?
A Victory for New Mexico Democrats: Judge Upholds Congressional Map
In a significant victory for the Democratic Party in New Mexico, a 9th Judicial District judge has upheld the state’s post-2020 Census reapportionment. The ruling dismisses claims made by the Republican Party of New Mexico that the congressional map created by the Democrat-led state legislature is a ”racial gerrymander” and therefore violates the state’s Constitution.
The 14-page ruling, issued on October 6, is expected to be challenged by the state’s GOP. However, it virtually ensures that New Mexico’s three congressional districts, all currently represented by Democrats, will remain unchanged for the 2024 elections.
The New Mexico congressional map lawsuit is just one of many similar cases currently taking place in state and federal courts across the country. These cases involve allegations of racial gerrymandering and its impact on the integrity of congressional districts. One such case, Alexander v. South Carolina State Conference of the NAACP, is scheduled to be heard before the United States Supreme Court on October 11.
The outcome of these court decisions will have significant implications for the composition of Congress, potentially making it more difficult for Republicans to expand or maintain their current 222–212 majority in the U.S. House of Representatives during the 2024 elections.
The recent ruling in New Mexico follows another notable decision made on October 5 by a three-judge panel of the U.S. Northern District of Alabama. This ruling resulted in the creation of a new Alabama congressional map that includes one majority-black district and another near-black-majority district, which is presumed to favor Democrats. Currently, Alabama’s congressional delegation consists of six Republicans and one Democrat.
It is anticipated that Alabama’s new map will also be in place for the 2024 elections, despite possible challenges by state GOP officials. The Supreme Court’s recent ruling in Allen v. Milligan further supports the validity of the new map.
These rulings highlight the ongoing battle over the redrawing of congressional districts and the potential impact on political representation. As these cases continue to unfold, their outcomes will shape the future of Congress and have lasting effects on the balance of power between Democrats and Republicans.
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