F three days in October of 2003, Tom DeLay left his duties as majority leader of the House of Representatives and worked out of the Texas state capitol, in Austin. During the previous year, DeLay had led his Republican colleagues there in an effort to redraw the boundaries of the stateâs congressional districts. For more than a century, congressional redistricting had taken place once every decade, after the national census, but the Texas Republicans were trying to redraw lines that had been approved just two years earlier. Several times during the long days of negotiating sessions, DeLay personally shuttled proposed maps among House and Senate offices in Austin. Once, when reporters glimpsed DeLay striding through the corridors of the state capitol, they asked him about his role in the negotiations. âIâm a Texan trying to get things done,â he said. Before the end of the month, the Republicans had pushed their plan through both houses, and it paid off in November of 2004. The Texas delegation in the House of Representatives went from seventeen to fifteen in favor of the Democrats, to twenty-one to eleven in favor of the Republicans. Martin Frost was the third-ranking Democrat in the House when the Republicans eliminated the district he had represented for twenty-six years. âI knew what DeLay was doing,â Frost told me. âI didnât like it, but he wasnât just trying to get me, he was trying to get as many Dems as possible. I went ahead and ran in one of the other districts. It was almost impossible to win, and I didnât. But I went out with my boots on.â The struggle over redistricting amounted to a Promethean display of political power by DeLay, and his subsequent downfall has been similarly epic. DeLayâs recent travails, which include a criminal indictment in Texas last year and his resignation as majority leader, can be traced to the redistricting fight. Today, his victory in that battle looks fragile. On March 1st, the Supreme Court will hear a challenge to the Texas congressional map, and the outcome is by no means clear. In the first major case to be heard by the two new Justices, John G. Roberts, Jr., and Samuel A. Alito, Jr., the Court will weigh the constitutionality of the Texas plan, which represents just one of the partisan gerrymanders that have transformed Congress in recent years. The Republican majority in Texas and the Bush Justice Department are asking the Court to preserve the Texas plan. But DeLayâs political fortunes have changed so much that, paradoxically, the best thing that could happen to him now may be for the Court to strike down the plan he created.
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