NAACP Files Amicus Brief With U.S. Supreme Court In Texas Voter Redistricting Case

Baltimore –The NAACP joined the Leadership Conference on Civil and Human Rights in filing a joint amicus brief in the Supreme Court case Evenwel v. Abbott.  The case is a challenge to the well-established “one person, one vote” principle that legislative districts can be based on the total number of people who live within them.  In Evenwel v. Abbot, two registered voters in the state of Texas claim that because of redistricting which took place in Texas in 2011 for the state senate lines, their votes will count less in their new districts than if they were in another district.

The Court will decide whether the “one-person, one-vote” principle under the Equal Protection Clause allows states to use total population instead of voting-age population when apportioning state legislative districts. The brief highlights the impact that reversing this principle would have on minority and underrepresented people.  Since registration rates, age, naturalization status and language proficiency vary dramatically among racial and ethnic minorities, immigrants and low-income people, a ruling in favor of the challengers would forfeit the right of many individuals.

“Our position has been that total population should be used in this type of redistricting context,” said NAACP General Counsel Bradford Berry.  “Otherwise, current barriers to voter registration, processing, and voter participation for immigrants, people of color, and citizens disenfranchised due to their criminal histories, will prevent these and other communities from being fairly and equitably represented by their elected officials.”

The case has yet to be scheduled for oral arguments before the U.S. Supreme Court.  A decision prior to the end of the term in June 2016 is expected.