[AntiGuv]

Minorities do not get a bad deal under this map, unless you adopt the Democrats' apparent argument that all minorities have the constitutional right to be represented only by Democrats.

I don't personally believe that minorities get the shaft under this map; I'm just assessing how I think this challenge may fit into the jurisprudence both in Texas (Bush v Vera) as well as nationwide. In my personal view, the redistricting process should be blind to both race and party - basically determined by either nonpartisan commissions or bipartisan committees. That's not currently the case, however, and I don't know whether this Tyler court which issued the 2002 maps (where the challenge has been filed) is actually favorable to Democrats per se or just abided by the 'least-change' principle in issuing those maps. The general impression conveyed in media reports is that the court itself favors the Dem arguments, and if that's the case I simply think that there's more than enough room for interpretation to overturn the maps.

If it were up to me, I would reject the Voting Rights Act argument (in fact, I would strike down substantial parts of the Voting Rights Act itself as unconstitutional).

[Dog Gone]

I'm not even sure the Tyler three-judge panel in Balderas even retains jurisdiction over redistricting. There's no evidence that it does from the court records. I suspect the Democrats' challenge will be referred to the District Court level, and there's no assurance which Judge will hear the case.

In any event, it will be appealed either way to the 5th Circuit, which will be considered a friendly circuit to the GOP.

The only concern I have in this is whether the US Supremes will reach a decision in Vieth v Jubelirer that will change the rules.

[Torie]

The Tyler Court took the least change route, all the way. I was told that by a lawyer who was a party to the case. That doctrine is of course inapposite to a legislative as opposed to court drawn map.

[Torie]

I should also add that that court rejected two of the Dem arguments last time about creating another minority seat as one of the two new seats, and some other point, which I have forgotten.