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  • 3 months ago
During a debate in the Texas State Senate on Friday, Republican State Senator Phil King told Democratic State Senator Cesar Blanco that the new congressional maps drawn by the Texas GOP will "lean more Republican."
Transcript
00:00Thank you, Senator.
00:03I've got some questions that are a little higher elevation, so to speak,
00:13but do you believe the Constitution legally permits one racial group
00:22to enjoy representation than other racial groups?
00:30I think, no, of course not.
00:37I mean, equal justice, all our laws are to apply equally to every one in the United States.
00:46Okay, so your answer is you do not believe the Constitution legally permits one racial group
00:53to enjoy more representation than other racial groups.
00:58You do not believe that?
01:01What equal protection is all about, if I understand your question, yes.
01:05Okay, so you mentioned the equal protection.
01:07Do you mean the equal protection clause?
01:10Yes.
01:11Okay.
01:11So, can you explain what, in the Constitution, other than the equal protection clause,
01:25would prohibit one racial group from enjoying more representation than any other racial group?
01:32Senator, I really just don't want to get into a discussion at that level.
01:42I will tell you that everyone under our Constitution, the intent is that everyone be treated equally under the law.
01:52That's what equal justice, that's what equal rights is all about.
01:55There are always failures in that, but I think generally as a nation, we try to correct those failures.
02:02Okay, so I just want to reiterate that you believe the equal protection clause is there
02:06to ensure that no racial group enjoys more greater representation than any other.
02:13The equal protection clause allows for that.
02:14I believe that everyone should be treated equally under the law.
02:17I believe that's what the Constitution requires.
02:22Right.
02:22Okay, thank you for that.
02:24Senator, you said that your goal was to provide a legal map.
02:28Is that accurate?
02:29Yes.
02:30And as you know, our Constitution provides for equal protections that you had just mentioned.
02:37Can you elaborate on how this map legally complies with the Equal Protection Clause from our Constitution?
02:50So the most accurate answer I can give you is that I'm not a redistricting attorney.
02:55I'm not a constitutional attorney.
02:57But I hired very, very good redistricting attorneys with a broad background in constitutional law.
03:06And I asked them to review this map and tell me if in any way violated the 14th Amendment,
03:14any aspect of the Constitution, the VRA, anything.
03:18And they have come back and told me unequivocally that this does not violate any applicable law.
03:31Did they cite any examples?
03:34Well, I know that they ran a jingles analysis and other reviews,
03:39as are typically done in the redistricting process.
03:45Did they refer to the Equal Protection Clause?
03:48Yes, they have referred to the 14th Amendment.
03:52Can you explain how so?
03:53Just in saying that it did not violate the 14th Amendment.
03:56I'm sorry, I can...
03:57Just in saying that it was not a violation of the 14th Amendment,
04:00the Voting Rights Act, or any other applicable law.
04:04Did they go into detail how it doesn't?
04:07No, and again, I didn't want to get in myself into reviewing racial data.
04:11And so what I asked them to do is bring me their conclusions of law.
04:14I also am not, I don't have the expertise to analyze the statistical parts of a review,
04:25such as jingles where you're doing a regression analysis or, you know,
04:29all the different things that are looked at.
04:31That's just not my area of expertise.
04:33So I just asked them to bring me their conclusions.
04:35You asked them to bring their expertise?
04:41Yes.
04:42And what was their expertise?
04:43What did they say?
04:44They said that this, that H.P. 4 did not violate any applicable law,
04:52that it complied with the VRA and the Constitution.
04:55Did they explain how it complied with the VRA?
05:03Only that it did comply in all aspects of the VRA.
05:08Did you ask how it complied with the VRA?
05:14Well, I don't think I'd answer that.
05:20I asked them to do a very, very detailed analysis.
05:31And I asked them if their review had in any way shown that it violated the Voting Rights Act.
05:38And they have assured me that it does not.
05:40I asked these questions.
05:46When I say that, obviously, that's with regard to race, color, minority, language group,
05:51all the things that the VRA is intended to protect.
05:55Okay.
05:56Because today blacks and Hispanics in Texas make up 51% of the population,
06:04while white Texans make up 39%.
06:07Would you agree with those demographics?
06:08That sounds about right.
06:10Okay.
06:10If you agree with those demographics,
06:12can you explain how a map that results in 70% of congressional districts being majority white
06:18reflect that reality?
06:22Well, with regard to this map, we don't know who's going to be elected.
06:25Whether they're going to be Anglo, Black, Hispanic, Asian, we don't know.
06:30But I believe people are going to have the opportunity to vote for the candidates
06:34that they think will best represent their interests.
06:38We don't know, but you drew maps based on current demographics?
06:44I drew maps based on historic voting, Republican, Democrat voting patterns.
06:51Regardless of race?
06:52Actually, I didn't draw the map, but I believe that's what this map reflects.
06:57Not looking at race?
07:01Not voting on race.
07:03Okay.
07:0645 years ago, Anglos were 66% of Texas population.
07:13Today, Anglos make up 39.8% of population.
07:19And despite that massive demographic shift, why does this map reflect the same demographics
07:28from half a century ago?
07:29Well, I think your statement would presume that Hispanics are not voting for Republicans.
07:39And I don't think that's the case.
07:42I think Hispanics are.
07:45I think the fact that we have Hispanic members on this body.
07:49I think that Republicans are voting, let me say this correctly, I think your statement assumes
07:57that Hispanics will not vote for Republicans, and I just don't think that's accurate.
08:02Would you assume that Hispanics are trending to vote more Republican than Democratic?
08:07You know, I haven't really analyzed that at anything other than an anecdotal level.
08:12But I just believe that this map is going to create at least five more competitive districts.
08:22I don't know whether someone Hispanic or Anglo or African American will be elected to those
08:28or Asian.
08:29I don't know.
08:30And I don't know who will run for them.
08:31But I know when you look at Republican versus Democrat, those maps are, those districts,
08:36those five will lean more Republican.
08:39But they're going to be very competitive districts.
08:41There's not a walkthrough, a guarantee by any measure.
08:44You just mentioned that this map improves Republican performance.
08:49Isn't it true that the effect of this map, even if not intentional, does dilute Hispanic vote
08:57and black voting power?
08:59I haven't seen any data suggesting that.
09:02No?
09:03Okay.
09:03So you argue that these maps are race neutral, but haven't conservative federal courts already
09:12struck down similar supposed race neutral maps in states like Louisiana, in Alabama, Mississippi,
09:25for doing exactly what House Bill 4 does here because of the effect?
09:29I'm not aware of that.
09:32You're not aware of that.
09:34Okay.
09:35Thank you, Mr. Chairman.
09:37Those are all my questions.
09:47Yes.
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