THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, December 6, 1995 TAG: 9512060413
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LAURIE ASSEO, ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: Medium: 85 lines
A skeptical and clearly divided Supreme Court on Tuesday debated the validity of Texas and North Carolina congressional districts that gave blacks and Hispanics greater political clout.
Taking race into account when drawing election districts often protects minorities' ``right to participate in the political process in a fair way,'' argued Clinton administration lawyer Paul Bender.
But opponents said making race the prime factor always yields a result that is racist and unconstitutional.
Voting districts based on race are just as improper as public water fountains labeled for use by people based on their sex or race, contended Robinson O. Everett, the lawyer for North Carolina voters challenging the state's congressional districts.
In North Carolina, Rep. Melvin Watt, a black Democrat, holds the 12th District seat. His snake-shaped district stretches 160 miles, from Durham County in the east to Gaston County in the west.
Of the state's 11 other congressional districts, only one other is represented by a black. Eva Clayton, a Democrat, represents the state's District 1.
The potential stakes are enormous. Justice Stephen G. Breyer said thousands of federal, state and local elections could someday be affected by the court's decision, expected by July.
Drawing election district boundaries for partisan advantage is as old as politics itself, and generally has been tolerated as long as bedrock constitutional rules such as ``one-person, one-vote'' have been followed.
The 1965 Voting Rights Act says election districts can be unlawful if they deny minorities the opportunity to elect candidates of their choice.
But in 1993, the Supreme Court ruled in a North Carolina case that districts designed to help minority voters may violate white voters' rights. Last June, the court ruled in a Georgia case that such election districts must be presumed unlawful if race was the main factor in creating them.
Lower courts struck down three urban congressional districts in Texas but upheld North Carolina's 12-district map.
Now, the justices must decide whether race was the predominant factor in creating those districts, and if so, whether such consideration was justified by an overwhelmingly important reason.
Julius L. Chambers, representing a group of black North Carolina voters, reminded the justices that the new minority districts were created after a long history of excluding blacks from the voting process.
``Black citizens, for the first time in more than 90 years, have an opportunity to have a voice in the election of congressmen in North Carolina,'' Chambers said.
Justice Antonin Scalia questioned whether creating minority-dominated districts is the best way to reach that goal. Many people believe minorities would have a stronger voice if they made up less than half of a larger number of districts, he said.
Both previous high court decisions on redistricting were reached by 5-4 votes. In each, the majority was formed by Chief Justice William H. Rehnquist, Scalia and Justices Sandra Day O'Connor, Anthony M. Kennedy and Clarence Thomas.
Justices John Paul Stevens, David H. Souter and Ruth Bader Ginsburg dissented from the 1993 ruling. Breyer, after replacing the retired Harry A. Blackmun, joined them in dissent last June.
That same deep division was on display Tuesday.
Bender noted that the North Carolina districts were drawn to comply with the Voting Rights Act.
Daniel Troy, representing voters who successfully challenged the three Texas districts, argued that ``race was used as a tool for partisan advantage.''
But Souter questioned whether drawing districts based on race is any less valid than drawing them to benefit ``Poles, Jews, the French, the Irish.''
In Texas, Districts 18 and 29 in Houston are represented, respectively, by Sheila Jackson Lee, a black Democrat, and Gene Green, a white Democrat.
The voting-age makeup of the 18th District is 47.1 percent black, 35.2 percent white and 13.7 percent Hispanic. In the 29th, it's 55.4 percent Hispanic, 33.4 percent white and 9.8 percent black.
The state's 30th Congressional District in Dallas is represented by Eddie Bernice Johnson, a black Democrat. Its voting-age makeup is 48.6 percent black, 36.1 percent white and 15.1 percent Hispanic.
KEYWORDS: REDISTRICTING by CNB