The U.S.
Supreme Court handed a political victory to Georgia Republicans on
Wednesday in upholding state legislative districts drawn by federal
judges this spring.
The 8-1 order by the court ends a lawsuit brought 18 months ago
by 29 Republicans who claimed they had been disenfranchised by
earlier state House and Senate district boundaries configured by
Democrats.
"The state should now proceed with elections under the
court-drawn redistricting plans," Georgia Attorney General Thurbert
Baker said Wednesday. Party primary elections are July 20, less than
three weeks away.
The Georgia Republican Party claimed victory in its redistricting
wars with the Democrats.
"This is a great day for democracy in the state of Georgia,"
Republican Gov. Sonny Perdue said. "It is my hope that Georgia never
returns to the partisan days in which politicians choose their
constituents rather than the people choosing their representatives."
Senate President Pro Tem Eric Johnson seized the opportunity to
blast the Democrats. "The sad news is that millions of dollars have
been spent on lawyers because of the arrogance of one-party rule and
a desperate attempt to hold onto power," Johnson said. "It was so
unnecessary. How many nursing home beds could we have funded if we
had not had to pay for lawyers? How much prenatal care could we have
covered?"
After a three-judge federal panel in Atlanta ruled against the
election districts as drawn by a Democratic-controlled General
Assembly in 2001 and 2002, the attorney general, a Democrat,
appealed on behalf of the state, despite the Republican governor's
objections.
The federal judges hired experts to draw new legislative
districts for the primaries and the Nov. 2 general election.
The new districts paired 11 sets of incumbents in the same
districts, prompted a number of officeholders to retire and created
54 open legislative seats. One definite result will be more new
legislators, of both parties, when the General Assembly convenes in
January.
The federal judicial panel had ruled that the maps drawn by the
Democrats violated the one-person, one-vote guarantee under the U.S.
Constitution, by spreading Democratic voters across more districts
and packing Republican voters into fewer districts. Democrats argued
that previous U.S. Supreme Court decisions allowed them to draw
districts that varied in population as much as 5 percentage points
either way from the average-sized district.
Justice John Paul Stevens, who wrote Wednesday's order, said such
variation, when used for political purposes, violates the "equal
protection clause" of the Constitution.
Stevens predicted that in a future case, the court would issue a
"stern condemnation for partisan gerrymandering that does not even
pretend to be justified by neutral principles."
The lone dissenter, Justice Antonin Scalia, wrote that "'politics
as usual' was a traditional redistricting criterion. He said that
"ferreting out political motives in minute population deviations
seems to me more likely to encourage politically motivated
litigation than to vindicate political rights."
Some political observers agreed with legal experts that the
Supreme Court decision might invite more redistricting lawsuits.
Cases based on the "equal protection clause" could threaten
legislative plans in other states, they said.
"Once the court is involved in this process, even a little bit,
it's going to stay involved, because the political process is going
to argue about the rules of the game," said M. David Gelfand, a
Tulane University political scientist and redistricting expert. "I
don't think the court wants to get into the politics, but the
litigation is politically motivated."
Historically, political boundaries are redrawn once a decade, the
year after each census is taken. But increasingly, when a political
party wins control in a legislative chamber, it attempts to enhance
its power by redistricting.
Last year, Texas Democratic legislators twice fled the state to
prevent the House and Senate in Austin from voting on legislation
that would have reconfigured congressional districts to favor
Republicans.
Also this year, the U.S. Supreme Court heard a Pennsylvania
redistricting case in which Republicans were criticized for changing
political lines to help their candidates. The justices said that
case was not the right one for determining how much political
gerrymandering should be allowed.
"In Georgia, they did find some limit," said Tim Storey, a senior
fellow with the National Conference of State Legislatures. "They
said you cannot push the population out just to" help one party.
Georgia Republican Party Chairman Alec Poitevint on Wednesday
blamed Attorney General Baker and Secretary of State Cathy Cox, also
a Democrat, for the cost to taxpayers.
"Attorney General Thurbert Baker should have heeded Gov. Sonny
Perdue's call to end the appeal and saved the taxpayers of Georgia
millions in legal fees," Poitevint said.
The legal bills are pending, but the cost is estimated at $2.4
million. Because the state lost the case, it will have to pay the
estimated $1.13 million in legal bills for the Republicans who sued.
The state already has paid its outside lawyers $424,000.
Taxpayers also will have to pay fees and expenses for the experts
who drew the maps. Their bill was for $378,442.