Bush vs. Voter Rights
Justice Department lawyers initially recommended rejecting Texas's plan, saying it would harm black and Hispanic voters, but were overruled by senior Justice officials. The legal standards used in the lawyers' analysis, however, were different from those at issue in the current case, which focuses on a separate section of the Voting Rights Act.
The Bush administration's 35-page friend-of-the-court brief does not address the constitutional issues, focusing instead on the Voting Rights Act. As amended by Congress in 1982 and interpreted by the court, Section 2 of the act prohibits states from diluting the voting power of cohesive minority groups.
But the administration's brief argues that the Dallas-Fort Worth district is legal because blacks alone did not make up a majority of the voters in the old district, so the plan did not deprive a single minority group of control it once had. The administration also argues that the number of majority-Hispanic districts in the plan is sufficient.
So now the Busheviks are claiming the districts weren't 'cohesive' because the demographics of those districts was mixed. Essentially folks, they're saying that even where you are the majority, if you don't live in a 100% minority ghetto, you shouldn't be able to elect the representatives you want.