Texas "Chicken D's" & Redistricting (aka; Texas Senate Democrats on the run!)

www.quorumreport.com ^ | Wk of 8/4/03 | various

[harpu]

Here are links to the actual documents that are the current Buzz in Texas about the Republicans trying to 'Redistrict the State' to more equally match the voting majority (aka; Republican) of the State.

Chicken D's (whiney-assed) Lawsuit against Texas Governor and Lt. Governor to challenge their right to call a Special Session for Redistricting, and ALSO to stop the Texas DPS ('da cops) from arresting them (the Chicken D's) if they come back into Texas.

Governor Perry 'Writ of Mandamum' to the Texas Supreme Court to get the Court to order the Chicken D's back to work in the Texas Senate.

Texas Attorney General's Response to the Chicken D's Lawsuit against Governor & company with their position that there is no case and they (the Chicken D's) need to get back to work - NOW!

Texas GOP Formal Ethics Complaint filed against U.S. Rep Edwards (TX-D) and U.S. Rep Lampson (TX-D) for using their offices to organize a protest against Texas Redistriciting.

[Trajan88]

The Dems started it so they have to pay the price. They must be real tired of NM if they're filling counter-suits.

These Dems take it upon themselves to leave the state to prevent a quorum and now they want to sue because they left on their own!

If they don't want to do their jobs, they should quit.

Trajan88; TAMU Class of '88; Law Hall (may it R.I.P.) Ramp 9 Mule; f.u.p.

[DrewsDad]

FReep the Chicken Run Rally Saturday(8/9) 11:30AM at the State Capitol

[justlurking]

The Dems started it so they have to pay the price. They must be real tired of NM if they're filling counter-suits.

No, my interpretation is that the Democrats fired the first shot in the courts. The Republicans appear to have been well-prepared, but declined to file their motions except in response.

I haven't looked through everything in detail, but my impression is that the Republicans are on solid ground. Unless the Texas Supreme Court tries to stay out of the dispute, they Democrats have a problem.

What's the penalty for refusing a writ of mandamus?

[TEXOKIE]

ROFL!! Thanks for the links! I'm glad the Republicans in Texas are growing some stones! This is rich!

I like your handle...are you a harp university??? Or are you just saying..."Harp You!!"?

[MeekOneGOP]

Thanks for the links !

Photos taken from the Texas Senators of the 78th Legislature website.

The 11 Obstructors:

Gonzalo Barrientos, Austin/Rodney Ellis, Houston/Mario Gallegos Jr., Houston

Juan "Chuy" Hinojosa, McAllen/Eddie Lucio Jr., Brownsville/Frank Madla Jr., San Antonio

Eliot Shapleigh, El Paso/Leticia Van de Putte, San Antonio/Royce West, Dallas

John Whitmire, Houston/Judith Zaffirini, Laredo

---

The Lone Democrat that is staying:

Kenneth Armbrister, Victoria

[Trajan88]

I think today's DMN stated the Lt. Gov. filed first with the Texas Supreme Ct. and then the Dems followed-up by filing in a state ct. in auStain.

Let me know what you find.

Thank you!

Trajan88

[justlurking]

What's the penalty for refusing a writ of mandamus? http://www.capitol.state.tx.us/statutes/go/go0002200.html#go002.22.002

I didn't find any penalty, but I'm a little concerned by this (the statute referenced in the complaint):

§ 22.002. Writ Power

1. The supreme court or a justice of the supreme court may issue writs of procedendo and certiorari and all writs of quo warranto and mandamus agreeable to the principles of law regulating those writs, against a statutory county court judge, a statutory probate court judge, a district judge, a court of appeals or a justice of a court of appeals, or any officer of state government except the governor, the court of criminal appeals, or a judge of the court of criminal appeals.

2. The supreme court or, in vacation, a justice of the supreme court may issue a writ of mandamus to compel a statutory county court judge, a statutory probate court judge, or a district judge to proceed to trial and judgment in a case agreeable to the principles and usages of law, returnable to the supreme court on or before the first day of the term, or during the session of the term, or before any justice of the supreme court as the nature of the case requires.

3. Only the supreme court has the authority to issue a writ of mandamus or injunction, or any other mandatory or compulsory writ or process, against any of the officers of the executive departments of the government of this state to order or compel the performance of a judicial, ministerial, or discretionary act or duty that, by state law, the officer or officers are authorized to perform.

4. Repealed by Acts 1987, 70th Leg., ch. 148, § 2.03, eff. Sept. 1, 1987.

5. The supreme court or a justice of the supreme court, either in termtime or vacation, may issue a writ of habeas corpus when a person is restrained in his liberty by virtue of an order, process, or commitment issued by a court or judge on account of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case. Pending the hearing of an application for a writ of habeas corpus, the supreme court or a justice of the supreme court may admit to bail a person to whom the writ of habeas corpus may be so granted.

There's nothing in here about compeling the legislative branch to act. (c) only applies to the executive branch. The Republicans are claiming that (a) applying to "any state officer" also includes state senators.

There are precedents (cited in the complaint) that support this. But, I'm not sure it will fly. The statute is conspicious in it's omission of any mention of the legislative branch.

[justlurking]

I think today's DMN stated the Lt. Gov. filed first with the Texas Supreme Ct. and then the Dems followed-up by filing in a state ct. in auStain.

No, it was the other way around:

http://www.dallasnews.com/sharedcontent/dallas/politics/state/stories/wfaa030807_jml_6redist.1076fa013.html

The Democrats' attorney filed suit Thursday morning at the Travis County courthouse. The suit asks the courts to prevent the Senate Sergeant at Arms from arresting the Democrats should they travel back into Texas.

[...]

Just hours later, the attorney general, acting on behalf of the lieutenant governor and the governor, filed a writ of mandamus with the Texas Supreme Court.

[Paleo Conservative]

The Dems started it so they have to pay the price.

I am ashamed they are from Texas!

[mtbopfuyn]

Who's supposed to pay for all these lawsuits. Oh, me!

[Radtechtravel]

Has anyone seen the Dixie Chicks visiting the hotel in NM?

[Trajan88]

Thank you!

Trajan88