The case went to trial in June of 2023, where Judge Lasnik ruled that the legislature-approved Washington State Redistricting Commission map violated Section 2 of the Voting Rights Act
Bill Bruch
WA State GOP Election Integrity chairman
Yesterday, Washington State Senator Nikki Torres (R-Pasco), a prominent Latina legislator who was unfairly redistricted out of Legislative District 15 due to a Voting Rights Act (VRA) lawsuit, suffered a setback from a Ninth Circuit Court three-judge panel (including Judge M. Margaret McKeown, a Clinton appointee), which unanimously affirmed Judge Lasnik’s decisions in a 31-page opinion.
The case went to trial in June of 2023, where Clinton-appointed Judge Lasnik ruled on August 10, 2023, that the legislature-approved Washington State Redistricting Commission map violated Section 2 of the Voting Rights Act — prohibiting voting practices or procedures that discriminate on the basis of race, color, or membership — and must be redrawn.
Lasnik, ordered the adoption of a redistricting map that adversely impacted 12 Republicans and 1 Democrat. The adopted map redistricted out several Republican lawmakers ahead of the 2024 general election.
The new map was the result of a lawsuit filed on behalf of the UCLA Voting Rights Project, alleging that 2021 redistricting efforts somehow diluted Latino electoral influence in the Yakima Valley. Torres was drawn out of her district under the new maps, leading to significant political fallout.
Let’s Be Clear: Nikki Torres is a very popular Latina, with an extensive community service and civic record that includes serving as president of the Tri-Cities Hispanic Chamber of Commerce and election to the Pasco City Council. In the 2022 State Senate race, Republican Nikki Torres won 67% of the vote, easily beating her Democrat opponent. This is not about Latina representation; it is about future Democrat control of the region and state!
Senator Torres called the judge’s actions a “mockery of the Voting Rights Act.” She added: “This map DISENFRANCHISES Hispanics – all to help the Democratic party gain seats towards a supermajority in the legislature.
“The Voting Rights Act was supposed to empower affected minority populations. This map DECREASES the number of Hispanics in the Majority Minority district and redistricts out the first Hispanic Senator in Eastern Washington history.”
Below are the known impacts of the Lasnik map on Washington state:
- LOWERS the numbers of Hispanics from the current 52.6% to 50.2% (comparing LD’s 14 and 15).
- Moves the first eastern Washington Latina elected Senator – Senator Nikki Torres – from the district which she won handily into a wholly new district with another incumbent Republican Senator – LD 16.
- Redistricts out Sen. Curtis King (LD 14).
- Redistricts out Sen. Brad Hawkins (LD 12).
- Redistricts out three Republican House members.
- Transforms a SW Washington district (LD 17) and another central Washington district (LD 12) into more competitive districts for Democrats.
- Makes a massive disruption of people throughout the state. More than 500,000 people have been displaced, affecting 13 districts. In comparison, the intervenors offered a map showing around 80,000 people relocated to only three districts. The intervenor map was rejected. Legally, maps are supposed to make the minimal changes needed to remedy the violation.
WA State Democratic Party Chair Shasti Conrad signaled last fall that her goal was for her party to have a supermajority in the legislature so they could alter the state constitution. In a posting on X (formerly Twitter) she said: “With supermajorities, we can clean up the constitution! My goal for 2026!”
CONTEXT:
- Origin: Filed in 2022 by Latino voters and advocacy groups (e.g., supported by the Campaign Legal Center and UCLA Voting Rights Project).
- District Court Ruling (U.S. District Court for the Western District of Washington): On August 10, 2023, U.S. District Judge Lasnik ruled the maps violated the VRA, finding intentional dilution of Latino votes in districts like LD-14 and LD-15.
- Impact: As the first Latina senator elected in Central Washington (2022), Torres was ousted from LD-15. She can serve out her term (ending 2026) but must relocate to run again. Torres criticized the map as “gerrymandering” that harms Latino representation, echoing Republican claims of partisan bias favoring Democrats.
The Ninth Circuit handled two key aspects: an emergency motion to stay the remedial map and the full merits appeal. Torres was not a direct party, but intervened indirectly through Republican lawmakers and supporters who challenged the map.
- Emergency Stay Motion (March 2024 Ruling):
- Petitioners: Republican state leaders (e.g., Senate Leader John Braun and House Deputy Leader Mike Steele) and affected lawmakers, including Torres’ allies, sought an emergency stay to block the March 15, 2024, map for the 2024 elections, arguing it was rushed, partisan, and further diluted Latino votes (e.g., reducing eligible Latino voters in key areas).
- 9th Circuit Decision: On March 25, 2024, a three-judge panel dismissed the motion, ruling petitioners lacked standing. The court did not address merits, stating they failed to show irreparable harm or entitlement to relief. This allowed the remedial map to take effect immediately for 2024 elections.
- Reactions: Republicans, including Senate Leader Braun and Torres, called it “profoundly disappointing” and a “mockery of the VRA,” – The U.S. Supreme Court later denied a related emergency stay on April 2, 2024, without comment, referring it from Justice Elena Kagan.
State Senator Mike Steele said, “What’s even more troubling is the district court’s decision on March 15 to alter these maps doesn’t seem to address the claimed core issue, namely the dilution of the political voice of the Latino electorate in the Yakima Valley. The new map results in fewer eligible Latino voters in the area and moves their elected representative, the first-ever Latina senator in Central Washington, entirely out of their district.”
2. Ninth Circuit Appeal (August 27, 2025 Ruling):
- Appellants/Intervenors: A trio of Yakima Valley voters, including Republican State Rep. Alex Ybarra (LD-15), appealed Lasnik’s rulings, claiming the remedial map constituted “racial gerrymandering” under the 14th Amendment’s Equal Protection Clause and ironically violated VRA Section 2 by overemphasizing race (e.g., creating a “facade” of opportunity districts). They argued the map prioritized partisan outcomes over fair representation, displacing elected officials like Torres without enhancing Latino influence.
- Ninth Circuit Decision: On August 27, 2025, a three-judge panel affirmed the district court’s rulings in full, upholding the remedial map. The court found no racial gerrymandering, as the changes were narrowly tailored to remedy VRA violations without strict scrutiny issues. It rejected vote dilution claims, noting the map better unified Latino communities (e.g., keeping Yakama Nation lands intact) and had minimal population deviations. The decision ensures the map remains in place for future elections, including 2026.
- Implications for Torres: The ruling solidifies her displacement. She plans to run in 2026. Intervenors may petition SCOTUS by late 2025, citing cases like Allen v. Milligan (2023), which upheld VRA but scrutinized race-based maps.
Bill Bruch is the WA State GOP Election Integrity chairman, WSRP Executive Board member, 5-Term Skagit County GOP chairman, citizen journalist, blogger, business owner, “2021 Citizen Activist of the Year” award by the Olympic Conference, 2020 WA State House Representative candidate, former council member, and WA State 2016 and 2024 RNC National Convention delegate.
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