Las Cruces Community Radio 101.5 FM
  • Home
  • Donate
  • Listen
  • Schedule
    • Programs
  • Archives
  • Underwrite
  • Merch
  • About Us
  • Contact Us

Walt Rubel Commentary: Congressional district in hands of judge

7/13/2023

 
District Judge Fred Van Soelen of Clovis has until Oct. 1 to decide if the redistricting map that allowed Democrats to wrest control of the Second Congressional District will still be in place for the 2024 election.

Last week the state Supreme Court sent a lawsuit filed by Republicans seeking to overturn the new map back to District Court, while also giving Judge Van Soelen guidance on what he should consider in making his decision.
The order instructs that “a reasonable degree” of partisan gerrymandering is permissible, so long as it’s not “egregious.” The order notes the “inherently political nature” of redistricting.

Van Soelen is instructed to compare voter registration data on party affiliation under the old map and the new one.

And, he is instructed to go by the three-part test laid out by Supreme Court Justice Elena Kagen in a 2019 dissenting opinion. The first two tests are that the maps were intended to strengthen one party by diluting votes from its opponents and succeeded in that goal. The third test is if there is a legitimate, non-partisan explanation for the changes.

None of which would seem to be very helpful for Judge Van Soelen; assuming he lacks the ability to look into the hearts and minds of others.

Republicans look at the new map, which breaks up their traditional stronghold in the southeastern part of the state, and argue that the partisan intent is obvious. Democrats argue that their intent was to bring more Hispanic representation into the district, which they have done.

Both could be true. But it is important to remember how the process played out. Democrats in the state Senate tossed out all of the proposed maps submitted by an independent redistricting commission, and replaced them with a map that diluted the power of southeast New Mexico in a way that none of the other maps considered.

This was the first time in 30 years that Democrats had control of the redistricting process. The last two times, Republican governors were in office. Both of those times the process broke down, and final maps were drawn by the courts. This time Democrats took advantage of that power.

And that may have made the difference in a close race won by Democrat Gabriel Vasquez in 2022.

Republicans who had feared that their case would be tossed out by the state Supreme Court see last week’s ruling as a victory. But Hannah Burling, of the League of Women Voters and the group Fair Districts for New Mexico, notes that the guidance Van Soelen will rely on was authored by one of the Supreme Court’s most progressive justices.

And, she sees the ruling as a victory in the larger effort to end partisan gerrymandering throughout the nation.

In a ruling last month that rejected the notion that state legislatures had power over all aspects of elections, the U.S. Supreme Court ensured state courts would be the ultimate arbiters on the issue of partisan gerrymandering. 

That leaves it up to Judge Van Soelen. His decision will determine not only the makeup of the district until the next Census, but also the rules for redistricting in New Mexico moving forward.


Walter Rubel can be reached at waltrubel@gmail.com.
Listen to the audio version

Comments are closed.

    Shows

    All
    All About Books
    Animal Affairs
    Cafe Con Leche
    Chicken Pot Pie
    Commentaries
    Coronavirus Update
    Delving In
    Earth Matters
    Eye On Government
    Just Community
    La Politica New Mexico
    Live From The Market
    Live True
    Shades Of The Blues
    Speak Up Las Cruces
    Special Broadcasts
    Take On Faith
    The Sunday Show
    Think Again
    This Week In Las Cruces

    Music Shows

    Click here to find archived episodes of many of our music programs on Mixcloud.

    Archives

    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    May 2018

    RSS Feed

Proudly powered by Weebly