Posted on 08/08/2003 4:30:10 AM PDT by Libloather
Redistrict battlefield will move to courts
By R.G. RATCLIFFE and RACHEL GRAVES
Aug. 8, 2003, 12:37AM
AUSTIN -- Republicans and Democrats escalated their congressional redistricting stalemate Thursday, each turning to the Texas courts in hopes of breaking what Gov. Rick Perry described as a "constitutional crisis."
The Republicans asked the Texas Supreme Court to order senators to the Capitol to establish a Senate quorum so the Legislature can meet.
The Democrats asked a state district court to rule that Perry violated the state Constitution in calling a special session on congressional redistricting without a true emergency. They also challenged the authority of state law enforcement agents to arrest them and bring them to the Capitol.
The Senate has been shut down since July 28 when 11 Democratic senators flew to Albuquerque, N.M., to keep the Legislature from passing a Republican congressional redistricting plan. Perry called a second 30-day special session on the issue that same day.
The dueling lawsuits were filed after an effort at shuttle diplomacy failed Wednesday.
Republican Sens. Robert Duncan of Lubbock and Todd Staples of Palestine flew to Albuquerque in an attempt to negotiate with the boycotting senators, but it came to naught after they met for a brief discussion with some of the Democrats.
Lt. Gov. David Dewhurst and Perry, the top Republicans in state government, filed their lawsuit in a Travis County district court and before the Texas Supreme Court. Attorney General Greg Abbott and Solicitor General R. Ted Cruz are representing them.
They asked the courts to order the boycotting senators back to Austin to establish a Senate quorum. Dewhurst said the Democrats face possible court sanctions if they do not respond.
"Obviously anytime anyone violates a court order they do it at their own peril and their own risk," Dewhurst said.
Perry said the lawsuit is necessary because two legislative boycotts in four months amount to "constitutional abuse." Fifty-five Democrats killed congressional redistricting in May by breaking the House quorum during the regular legislative session.
Perry said the latest walkout "illustrates the potential for a constitutional crisis whenever a minority number of legislators refuse to participate in the process on issues where they lack the votes to succeed."
"If the Supreme Court does not intervene, nothing will stop a handful of legislators from halting a vote on any difficult issue," the governor said.
But Democrats said such an order from the state Supreme Court would violate the separation of powers between the judicial and legislative branches of government.
"A conservative court would never issue that kind of order," said Democratic lawyer Renea Hicks.
The Supreme Court gave the Democrats until noon Monday to file an official response to the Perry-Dewhurst lawsuit.
The Democrats in New Mexico questioned the politics behind the GOP taking the lawsuit to the all-Republican state Supreme Court.
"They're going to court to try to take political prisoners, and like Texans throughout history, we are making our stand," the 11 Democrats said in a written statement.
The Democratic senators filed their own lawsuit in Travis County district court asking for an order barring their arrest by the Senate sergeant at arms. The legislative sergeants at arms historically have been charged with rounding up lawmakers who fail to show up at the Capitol, often enlisting state troopers to carry out the task.
The Democrats contend in their lawsuit that a provision of the state Constitution forbids the arrest of a lawmaker when the Legislature is in session except "in cases of treason, felony or breach of the peace."
The matter probably would only be relevant if the Democrats returned to Texas, since neither the sergeants nor the state police have jurisdiction outside the state.
The Democrats' lawsuit also contends that Perry did not have the power to call the current special legislative session on redistricting because it is not an "extraordinary occasion."
Hicks said the existing congressional district boundaries were upheld two years ago by the U.S. Supreme Court, so congressional districts present no crisis that can be used as a basis for calling a special session.
Dewhurst said the Democratic lawsuit is "frivolous and politically motivated. We will file a counter-claim."
The Democrats hold a 17-15 majority in the state's delegation to the U.S. House of Representatives. Redistricting plans that have been considered by the Legislature could cost the Democrats as many as seven seats.
U.S. House Majority Tom DeLay, R-Sugar Land, argues that such a redistricting plan would more fairly represent Texas, where the GOP holds every statewide office and a majority in both chambers of the Legislature.
Democrats respond that the Republican proposal would violate voters' will, since five districts that have voted Republican in statewide races have elected Democrats to the House.
In Albuquerque on Thursday, the Democrats sought to draw President Bush into the state redistricting fight as he vacations at his ranch in Crawford north of Austin. Bush is the former Texas governor.
Sen. Judith Zaffirini of Laredo said the redistricting plans being pushed by Republicans would dilute the voting strength of blacks and Hispanics.
"Here we are in his home state with this blatant discrimination against minorities," Zaffirini said.
Republicans contend the maps they propose have the potential for electing more minorities to Congress.
Democrats also suggested that Bush's political strategist, Karl Rove, is among the Republicans pushing redistricting.
Ratcliffe reported from Austin, Graves from Albuquerque. Michael Hedges contributed from Crawford.
The RATS are possibly setting up a situation where they may NEVER be able to enter Texas again. Just how cool is THAT?
What BS! They are not taking a stand they fled Texas. They are a disgrace to all the Texas throughout history that have taken a stand for Texas on Texas soil.
... in New Mexico."
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