Ellen Katz has posted this draft on SSRN. Here is the abstract:
The U.S. Department of Justice sent a letter to the Texas Governor and Attorney General that claims four Texas congressional districts violate the Voting Rights Act and the Constitution. The letter seemingly demands that Texas alter the racial makeup of those districts. This short essay shows why the legal claims set forth in the DOJ letter are incorrect and why Texas would violate both the VRA and the 14th Amendment’s Equal Protection Clause were it to change its districting map to target these four districtsin response to the DOJ letter.