(TX) Holdout Democrats mull ways to return(via venue shopping lawsuit for a Dem Fed judge)

ALBUQUERQUE, N.M. - The Democratic senators in exile may ask the federal courts to halt to(sic) redistricting in the Texas Legislature, which would allow them to return home without having to participate in the effort that would likely end with their party losing clout in Washington.

On Day 4 of their holdout in an Albuquerque hotel, the 11 Democrats remained tight-lipped about their strategy to end the standoff with Texas Republican leaders. At their daily press briefing, several senators said they have to keep open every alternative, but they insisted that no decision had been made on whether to go to court.

By fleeing Austin on Monday, the 11 Democrats forced all business in the Senate during the special session called by Republican Gov. Rick Perry for lawmakers to redraw the boundary lines for Texas' 32 congressional districts. The action in the GOP-dominated Legislature would likely end the Democrats' 17-15 advantage in the congressional delegation and give republicans as many as 22 safe districts.

The Democrats bolted to protest the decision by Republican Lt. Gov. David Dewhurst, the Senate president, to bypass the tradition of requiring two-thirds of the members to agree before bringing any matter to the floor for a debate. Democrats are outnumbered, 12-19, in the Senate.

Perry on Thursday met with reporters for the first time since the Democrats' walkout, saying that Texans expect their elected leaders to work and rejecting any effort at compromising with the wayward Democrats to get them to return to Austin.

"That's like negotiating for hostages," Perry said at a news conference in Austin.

Asked to comment on the possibility that the Democrats might pursue court action, Perry simply said: "I have no idea."

Dewhurst issued a statement expressing dismay that the Democrats would consider asking a federal judge "to interfere with our state legislative processes."

A source familiar with the Democrats' strategy said that a request for a temporary restraining order has been drafted but not filed and that several lawyers have had a hand in developing the language.

The request would seek to prevent Dewhurst dropping the Senate the two-thirds tradition, said the source, who requested anonymity to keep from putting his job at risk.

"The thinking being this: For the first time, minority and minority-impact senators ... now have, for the first time, enough votes to block legislation under longstanding Senate rules," the source said. "So rescinding the two-thirds rule and .. would be an infringement on minority voting rights."

The source did not know when it might be filed or who might file it, and said no decision has been made to go forward. But if they decide to take legal action, court papers would be filed "somewhere in South Texas."

Sen. Eddie Lucio, D-Brownsville, helped fuel speculation about a potential court action when he told a reporter late Wednesday that South Texas' federal courts have proven friendly venues for lawsuits filed on behalf of minority groups.

On Thursday, he told the Star-Telegram that he was not "forum-shopping" a lawsuit as Dewhurst suggested in his statement.

"I am not saying we are going to court or even that we should," Lucio said. "But if we do, it would be my preference that it would be in a court that is friendly and fair. That's what I was trying to say."

The fourth day of the impasse proceeded like the first three: Republicans implored the Democrats to return to work on redistricting and other matters pending the 30-day special session, and Democrats insisted theirs was a principled stand against a partisan power grab.

Redistricting was required two years ago to reflect demographic changes in Texas found by the 2000 Census. But a divided Legislature left the task to the federal courts. Now, Republicans control the two state houses and hold all statewide elective offices, so they say the current congressional lines don't properly reflect Texas voting trends.

At his Austin news conference, Perry said the Democrats' absence was blocking efforts to disperse as much as $800 million in state funds. He also hinted strongly that he'll call another special session on redistricting if Democrats run out the clock on the present one.

"I think you can rightly assume I expect the Texas Legislature to do the work of the people of Texas," Perry said.

The Democrats countered, saying that if Perry were serious about lawmakers tackling the pressing needs of the state, he'd put issues such as improving health care and education far ahead of redistricting.

"Our goal was to kill redistricting, and go back and focus on public policy issues that matter to the state of Texas," said Sen. Rodney Ellis, D-Houston. "If we stay here for 30 days ... the members of the House may decide they want to stay 30 days... Maybe the governor may decide he doesn't want to run the risk of what impact it has on his public opinion polls."

The Democrats also visited the University of New Mexico, in Albuquerque on Thursday and participated in a round-table discussion with faculty and students. Some senators have said they would like to use their tie in New Mexico to see its state agencies in action and perhaps trade information with their counterparts in government.

"I plan to visit one of their prisons," said Sen. John Whitmire of Houston, the chairman of the Senate Criminal Justice Committee.

But it hasn't been all work and no play for the lawmakers. Ellis said that he has visited bike trails in Albuquerque and may bring his kids from Houston to visit them. Whitmire was seen with reporters at the card tables at an Albuquerque casino Wednesday night.

On Thursday, several senators joined Albuquerque Mayor Martin Chavez for lunch at a local Mexican restaurant.

"Anytime folks come here to spend money in my home town, I'm happy," said Chavez.

In Austin, Perry said the Democrats' work is at the Capitol and not at the attractions in Albuquerque.

"If you want to make a point, you do so on the Senate floor," Perry said. "Not in some hotel in New Mexico."

The day that the federal courts adopt that sort of reasoning is the day that representative government dies in America. They are essentially arguing that so long as certain racial minorities oppose a bill it cannot become law.

I know nothing about South Texas federal judges. The 5th Circuit would very probably reverse a rouge judge on this one though. But if the Dems find a rogue district court judge, it will buy them time, and buying time is valuable, in the sense it allows the rogue state senators to return home. Just why they chose Albuquerque rather than Santa Fe puzzles me. I guess some of them are budget sensitive.

One could say they want to have their yellowcake and eat it too. As to the Dems being budget conscious, did you know that at their hotel the rooms start at $159 per night? Brilliant PR move< sarc >, even the sympathetic newspaper articles with all the sob stories of their great sacrifices couldn't pass up noting that. Really fighting for the common folk, they are...

Albuquerque really isn't that bad right now, Wed. the high was 93, but the humidity was 19% and a dewpoint of 38 degrees. Not bad in the shade by the pool. Since most of these runaways are from the miserable sauna known as far South Texas, they probably donned longsleeves up there.

As someone who is watching this afar (California, to be exact) I am glad to see other states other than ours are having their problems and hope that when people start ripping on Cal, they remmeber these clowns in Texas.

I think we can all agree on one thing, Democrats will do ANYTHING to keep from losing power. David Horowitz once pointed out the difference between typical Democrat and Republican lawmaker. The Republican lawmaker, he stated, was usually a former business owner who run up against some regulation or tax bill that he didn't like. He usually went to the state capital or Washington to change government. The typical Democrat lawmaker often came from a tradition of trade unions and liberal activist organizations. When they go to the capital or Washington D.C, it is their intention to change the world.

As Mr. Horowitz rightly points out, it is difficult to change government when you are competiting with people who are trying to change the world. To those types of people, any method to achieve their goal will work because, afterall, they are operation with a higher goal in mind. This is why so many Democrats have no shame. Trying to steal an election (Florida 2000), rig a Senate election (New Jersey 2002), using a memorial service for a dead man as a campaign ploy (Minnesota 2002), standing up for a dispicable perjuror and justice obstructor (Washington D.C. 1998), thwarting the will of the people on judicial nominations (Washington D.C.-2001-present), or thwarting the will of the people on redistricting (Texas/Oklahoma/New Mexico-2003) are simply the price of doing business when you are trying to remake the world in your socialistic image. They cheat to win. I couldn't even imagine Republicans doing any of these things!!!!(/rant)

Thanks for the post and your comments, DES !

One final thought: Shouldn't NM residents be asking why Gov. Krispy Kreme has posted multiple state troopers to guard(round the clock) these runaway Texans at NM state expense, even though Texas authorities have no means to arrest them outside the state, and any bounty hunters would be charged with kidnapping? Where is the threat, isn't this just another political show by a Clintonian democrat at taxpayer expense, at the most expensive hotel in NM?

Please let me know if you want ON or OFF my Texas ping list!. . .don't be shy.
No, you don't HAVE to be a Texan to get on this list!

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.