Texas Redistricting Case in Hands of Federal Panel

Lubbock, TX, Avalanche-Journal ^ | 12-24-03 | AP, not given

[Theodore R.]

Redistricting case in hands of federal panel

AUSTIN (AP) — Proceedings in the trial over congressional redistricting in Texas ended Tuesday, and now the case is in the hands of a three-judge federal panel.

Judge Patrick Higginbotham said a ruling would come at the end of next week "at the earliest."

The map would put as many as seven additional Republicans in Texas' congressional delegation, which is now ruled 17-15 by Democrats. Republicans hold a majority in Congress and the new Texas map would strengthen their control.

Democrats and minority groups sued the state over the map, saying minority voting strength was weakened in a handful of districts in violation of the Voting Rights Act.

The U.S. Department of Justice gave clearance to the map last week after reviewing it for Voting Rights Act violations. But that does not preclude the map from litigation.

After closing arguments Tuesday, Higginbotham questioned state attorneys as to how the court should proceed if a violation is found but cautioned them not to "read anything into this."

The court could tweak the map to rid it of violations while maintaining the new districts, but plaintiffs argued that the state should revert to the existing map if flaws are found.

Either way, the ruling is expected to be appealed to the U.S. Supreme Court.

Candidates and counties are preparing for the March 9 primary election. Some congressional candidates who have already filed for candidacy under the current map will have to refile if the new one is accepted by the court.

Republicans say they should hold more seats in Congress because state voting trends are decidedly more Republican.

Republicans hold every statewide elected office and a majority in both the state Senate and House.

The redistricting plan passed in October after a year of partisan fighting and three special sessions.

[Theodore R.]

Could this wind up with Anthony Kennedy and Sandra D. O'Connor having the final word?

[sarasota]

Three judge panel: who are they?

[Theodore R.]

It's a 2-1 Republican panel. Higginbotham is Republican. I cannot recall the names of the other two judges.

[sarasota]

That's all I need to know. Is there any change for an appeal if it's not passed?

[Theodore R.]

Either side can appeal the decision of this three-judge panel. The panel is expected to vote 2-1 for the new districting plan.

[July 4th]

Could this wind up with Anthony Kennedy and Sandra D. O'Connor having the final word?

In some cases, it already has. The Vieth v. Jubelirer case was heard by the court a couple of weeks ago, and that will be the Supreme Court's latest iteration on redistricting law.

Whatever the federal panel does in Texas could be subject to the decisions of Vieth.

[Holden Magroin]

Kennedy and O'Connor have been fairly loyal partisans. However, the insecure, legacy-conscious O'Connor was devastated by attacks on her by law professors and newspaper editorialists for her part in the Bush v. Gore decision and has since moved sharply to the left to make up for it. It would not surprise me if she voted to strike down the Texas remap in hopes that she will one day be remembered by her peers as a "trailblazer for women" and have a law school named after her.

[Theodore R.]

There is already a high school in Democrat San Antonio named for Sandra D. O'Connor. Did you know that she recently published a book on her experiences growing up on an AZ ranch. I won't buy anything she wrote, but I suspect that she has an interesting tale to bear. She does covet the approval of the liberal establishment, much like her mentor Barry M. Goldwater tried to do in his later years.