Texas Attorney General Ken Paxton is backing Wisconsin in a high-profile case asking the U.S. Supreme Court whether lawmakers can go too far when drawing political maps to advantage one party. Paxton, a Republican, filed an amicus brief seeking to protect the status quo in political gerrymandering — redistricting maneuvers that allow controlling parties to bolster their majorities in state Legislatures and Congress even when statewide demographics shift against them. Fifteen other states signed onto the brief. “Never has the U.S. Supreme Court disallowed a legislative map because of partisan gerrymandering, and it surely can’t find fault with Wisconsin’s, which is lawful, constitutional and follows traditional redistricting principles,” Paxton said in a statement Tuesday.
The filing comes as Paxton is defending Texas against a separate redistricting challenge. That one asks whether Republican lawmakers intentionally discriminated against Latino and black voters in enacting the state’s current House and congressional maps. A panel of three federal judges in San Antonio is expected to rule in the coming weeks.
The outcome of the Wisconsin case, which the Supreme Court is scheduled to hear Oct. 3, could shake up politics across the country.
Last year, a federal appeals court ruled that the way Wisconsin Republicans drew district lines was so nakedly partisan that it violated the U.S. Constitution. Paxton’s brief argues that letting that decision stand “invites openly partisan policy battles in the courtroom.”