The long-awaited U.S. Supreme Court review of the Tom Delay-orchestrated re-redistricting of Texas congressional districts finally came down today, and a splintered Court continued its recent habit of disarray on redistricting principles. It’s clear a sizeable majority of the Court has decided that mid-decade reversals of redistricting plans are not barred by the federal constitutution, and a less-sizeable majority refuses to consider re-redistricting as grounds for strong suspicion that illicit political gerrymandering has occurred. But the Court appears to be all over the place, as it has been for more than a decade, in determining when if ever political gerrymandering can violate the Constitution. Meanwhile, a 5-4 majority of the Court ruled than one of the districts in the DeLay Map violates the Voting Right Act as a straightforward dilution of Hispanic voting strength. But the decision about how to deal with it was dumped back to a District Court in Texas, which must now decide whether there is anything they can do about it between now and November. Obviously, fixing one district could affect many others. You have to try, as I did, to slog through the whole 132 pages of concurring and dissenting opinions to see how divided and tentative the Court is on this whole subject. I’m no fancified constitutional or elections lawyer, and praise the Lord I left behind this sort of preoccupation when I decided to go into politics, but still, you don’t have to put “Esquire” after your signature to figure out when the Supremes are a herd of kitty-cats. More troubling is the fact that the ruling on re-redistricting may not get the attention it deserves in political circles because it’s becoming moot for this particular decade.Looking back, Republicans got away with re-redistrictings in Texas and Georgia. Democrats tried to retaliate in Ohio and Florida, but the former effort failed dismally last year at the ballot box, while the latter foundered in the Florida courts (it could possibly be revived and placed on the ballot in 2008, but that’s awfully close to the next regularly scheduled redistricting anyway). A Republican-backed California re-redistricting measure also failed last year, but that was a bit of a special case, since it was poorly designed, and in any event was backed by a lot of non-Republicans. But no one should forget that the one place in which a DeLay-style GOP partisan re-redistricting foundered was Colorado, for the simple reason that the state’s own constitution banned mid-decade redistricting. Looking ahead to the next decade, states should strongly consider emulating Colorado’s ban on the practice of overturning congressional and state legislative maps every time partisan control of state government solidifies or flips. No one can any longer foster the illusion that the U.S. Supreme Court will do anything to stop the madness.
TDS Strategy Memos
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By Ed Kilgore
After a week of efforts to equate the controversial remarks of two particular members of Congress, I pushed back a bit at New York:
It looks like House Republicans are going to deal with outrage over their perennial problem child Marjorie Taylor Greene by finding a Democrat to punish. That would be Minnesota’s Ilhan Omar, according to Politico’s Huddle:
“’I think that Ilan should receive the same type of punishment as Marjorie because if it’s good for one, it is good for another,’ Rep. Maria Salazar (R-Fla.), who voted to remove Greene from her committees, told me. ‘Anti-semitism is the same thing as anti-semitism. It’s just that Nancy is afraid …'”
There are others who want to push for Omar’s removal as well as those looking to censure her over her war crimes remarks — and a few Dems may join them.
The idea of equating Omar’s complaints about unequal treatment of countries in investigating military misconduct with Greene’s comparisons of mask and vaccine requirements to the Holocaust is deeply satisfying to a lot of people. Republicans can continue their now-ancient habit of waving away extremism in their ranks by claiming it’s more prevalent on the other side of the aisle. Nervous centrist Democrats can document their nervous centrism by firing thunderbolts left and right. And most of all, accusing both parties of harboring those prone to “false equivalence” appeals to the false equivalence many Beltway media folks want to draw between Democrats and Republicans, who are engaged in the mutually assured destruction of partisan polarization.
There’s only one problem: Treating what MTG and Omar have said as equal expressions of false equivalence actually is false, as any honest evaluation of their words quickly shows. Greene bluntly compared COVID-19 precautions to the Holocaust, analogized vaccine documentation mandates to the Nazi practice of making Jews wear yellow stars, and, for good measure, said Democrats are like Nazis because they are “socialists.” Omar said this in the midst of a virtual exchange with Secretary of State Anthony Blinken over investigations of the brief but intense war between Israel and Hamas:
“’We must have the same level of accountability and justice for all victims of crimes against humanity,’ she wrote. “We have seen unthinkable atrocities committed by the U.S., Hamas, Israel, Afghanistan, and the Taliban.’”
Her point wasn’t to say the U.S., Hamas, Israel, Afghanistan, and the Taliban were equally culpable in their commission of atrocities, but that all should be equally subject to international investigation. I suppose there are superpatriots who would dispute the idea that America has ever committed “unthinkable atrocities,” though the victims of the Hiroshima and Nagasaki nuclear attacks, and of countless genocidal assaults on Native Americans, among many examples, suggest otherwise. But in any event, when challenged by Republicans and Democrats alike to make it clear she was not imputing equivalent culpability to these various nations and coalitions of fighters, Omar complied instantly:
“U.S. Rep. Ilhan Omar said Thursday that she was ‘in no way equating terrorist organizations with democratic countries with well-established judicial systems … ‘
“’To be clear: the conversation was about accountability for specific incidents regarding [International Criminal Court] cases, not a moral comparison between Hamas and the Taliban and the U.S. and Israel.’”
MTG, meanwhile, kept doubling down on her comparisons of public-health measures with the slaughter of many millions by Nazi Germany, and finally, after more than three weeks and a tour of the Holocaust Museum, she issued an apology that betrayed little understanding of the full scope of the Holocaust, and then refused to apologize for the Democrat-Nazi analogy.
Looking more broadly at the two women and their records of controversial utterances, Ilhan made an unfortunate and erroneous reference to “the Benjamins,” in a gratuitous comment about support for Israel in the United States, for which she “unequivocally” apologized:
“Anti-semitism is real and I am grateful for Jewish allies and colleagues who are educating me on the painful history of anti-semitic tropes. My intention is never to offend my constituents or Jewish Americans as a whole. We have to always be able to step back and think through criticism, just as I expect people to hear me when others attack my identity. This is why I unequivocally apologize.”
Greene lost her committee assignments earlier this year after media focus on an almost incredible blizzard of incendiary statements she made on social media before coming to Congress (barely anyone even noticed her practice of brandishing an AR-15 when discussing her enemies in campaign ads). In February, she apologized for claiming that school shootings were fake and for promoting QAnon conspiracy theories. She never apologized for happily contemplating violence against congressional Democrats (including, very specifically, Ilhan Omar) and the Speaker of the House, or for her unusually aggressive support of Trump’s electoral big lie and the effort in January to overturn the presidential election results, or for her own subscription to very weird anti-Semitic claims.
If you cannot discern a qualitative difference between Omar’s “outrages” and Greene’s, and between the speed and coherence of their clarifications and apologies, it may be time for some remedial work in logic and rhetoric. These two members of Congress aren’t alike at all, and as much as I sometimes disagree with Ilhan Omar, treating her as a left-wing MTG is lazy and just plain wrong.