But through decades of precedent, the court “never clarified what they mean by one person,” Singh said.

Justices have historically used “person” and “voters” interchangeably, he continued. “It’s a fundamental concept of democracy. Ultimately the question they’re going to be deciding is, what does this principle mean?”

It’s a question of representation that has been rejected by Texas Governor Greg Abbott, a state federal district court, the U.S. Department of Justice, and ACLU-Texas, among other organizations. In fact, as Richard Hasen writes for SCOTUSblog, the case could be seen as nothing more than an attempt at “taking power away from the states and having the Supreme Court overturn precedent by imposing through judicial fiat a one-size-fits-all version of democratic theory unsupported by the text of the Constitution or historical practice.”

In fact, Hasen writes, the plaintiffs “are seeking to impose a standard which is not supported by the text of the Constitution.”

But the lawsuit has nonetheless climbed the judicial ladder. The plaintiffs, Titus County Republican Party chairperson Sue Evenwel and Montgomery County “party stalwart” Edward Pfenninger maintain that current standards weaken the influence of voices from areas with more registered voters, but smaller populations. Opponents, including Democratic Texas Rep. Marc Veasey and Mexican American Legislative Caucus voting rights counsel Joe Garza, say a redistricting policy that values registered voters over total residents would shut out large chunks of minorities, particularly those who are black or Latino.

“This legal challenge would do great harm to the state of Texas and potentially to other states that have very young populations and a significant number of noncitizen residents,” Veasey told McClatchy on Monday. “For Tarrant County in particular, this could mean that over 100,000 noncitizens would no longer be counted when assigning representation, according to a 2015 Migration Policy Institute report, and 27 percent of the county would be discounted due to be their age, according to the 2014 U.S. Census.”

Garza added, “We would lose seats in Texas—we would lose two districts in the Senate. It is an advantage for the white population.”

The implications of such a decision are far-reaching. In a state like Texas with a high population of Latino and minority voters, strengthening rural votes at their expense could lead to older, white constituents having “an outsize voice at the legislature,” Singh told Common Dreams. “A very small number of people would have a very large voice and would be able to decide things for a state with 30 million people.”

That “would certainly cause some representative issues and is a troubling notion of what democracy is,” he said.

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