Posted on 08/07/2003 1:30:36 PM PDT by bedolido
Eleven boycotting senators on Thursday threw the first legal punch in the fight over congressional redistricting.
The Senate Democrats filed a lawsuit in Travis County district court, asking that state officials, or their deputies, be prohibited from arresting the Democrats to establish a quorum so that the Legislature may consider redrawing the state's congressional district lines. If granted, the prohibition would allow the lawmakers to return to Texas from New Mexico without the fear of being forced back to the Senate, where they left about two weeks ago.
In addition to filing their lawsuit, the Democrats invited Senate Republicans to a meeting in New Mexico on Monday. Two Senate Republicans had traveled to Albuquerque on Wednesday and met with three Democrats for about an hour. Details about the Monday meeting have not been ironed out.
The lawsuit alleges that Gov. Rick Perry has no authority to call a special legislative session on congressional redistricting because the constitution limits that power to "extraordinary occasions."
The senators claim there is no "extraordinary occasion" because the state has a legal congressional map drawn by federal judges and approved by the U.S. Supreme Court. The map is valid through the 2010 Census.
"There is no illegality to remedy in the present situation," according to the lawsuit.
State Republican leaders, including Perry, have argued that the Legislature should redraw the state's congressional districts to reflect recent voting patterns. But Republican Attorney General Greg Abbott has said the map can stand.
Under the current map, Democrats hold 17 of the state's 32 seats in Congress. Maps suggested by the Republicans would give the GOP a good chance of winning 21 of the 32 at the expense of several white Democratic members of Congress.
In May, 52 House Democrats fled the state rather than vote on congressional redistricting. The Legislature stalled on a new map in a special session in June, then this month 11 Senate Democrats traveled to Albuquerque instead of taking up the issue. The Senate cannot do any work without a quorum of its members 21 of the 31.
The lawsuit also contends that any attempt by the state Department of Public Safety to arrest the boycotting senators should be prohibited under a recent court decision, which said House officials could not use DPS officials to arrest their members.
Lt. Gov. David Dewhurst, who presides over the Senate, has been threatening legal action of his own to compel the senators to attend the special session.
Thursday's lawsuit may serve as a pre-emptive strike in the hopes that the lawsuit will be heard in Austin instead of some other Texas city.
Dewhurst was expected to respond to the lawsuit at a press conference later Thursday. Perry is out of state on official business and was not immediately available for comment.
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