High court to determine whether DeLay's redistricting broke law

Tom DeLay's Texas redistricting operation in 2002 was very controversial because it used race as a factor to re-draw Congressional boundaries.  Now the case is headed to the Supreme Court. 

The big question, as will be the question in many future Supreme Court cases now that the Judicial Branch is conservative-leaning, is which way will Justice Kennedy side?  He will be the tie-breaking vote in this redistricting case, just as he will play a similar role in the South Dakota anti-choice case months from now.

So let's see whether the Court agrees with the Justice Department staff that Texas "has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect."