New Mexico Supreme Court upholds Democratic-drawn congressional map

U.S. Law Review

The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico, in an order published Monday.

All five justices signed a shortly worded order to affirm a lower court decision that the redistricting plan enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents — but that the changes fell short of “egregious” gerrymandering.

The Republican Party argued unsuccessfully that the new district boundaries would entrench Democratic officials in power, highlighting the 2022 defeat of incumbent GOP Congresswoman Yvette Herrell by Democratic U.S. Rep. Gabe Vasquez.

Democratic state lawmakers argued that the 2nd District in southern New Mexico remains competitive, with just a 0.7% margin of victory in the 2022 election.

The district is one of about a dozen in the national spotlight as Republicans campaign to keep their slim U.S. House majority in 2024. Courts ruled recently in Alabama, Louisiana and Florida that Republican-led legislatures had unfairly diluted the voting power of Black residents. Legal challenges to congressional districts are also ongoing in Arkansas, Kentucky, South Carolina, Tennessee, Texas and Utah.

State Republican Party Chairman Steve Pearce said the legal outcome in New Mexico “leaned heavily on the closeness of the previous election” in which a “popular Republican incumbent” was defeated by a lesser-known rival.

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