Remap battle may go to D.C. (Chicken Run)

San Antonio Express ^ | 8/20/03 | Guillermo X. Garcia

[Libloather]

Remap battle may go to D.C.
By Guillermo X. Garcia
Express-News Austin Bureau
Web Posted : 08/20/2003 12:00 AM

AUSTIN — The Senate battle about congressional redistricting, waged between Austin and Albuquerque, N.M., for nearly a month, may head to Washington. The 11 Democratic senators who fled to Albuquerque to block redistricting were told Tuesday by their attorney, Jerry Hebert, that the state has asked the Department of Justice to pre-clear a decision by Lt. Gov. David Dewhurst to reject the two-thirds rule that allowed the Democrats to block redistricting last month.

Senate Democrats have vowed to fight that effort, saying it's aimed at undercutting a federal lawsuit Democrats filed in Laredo last week.

Sen. Royce West, D-Dallas, said he and others will visit with Justice officials in Washington to argue against pre-clearance.

The two-thirds rule is a Senate courtesy that Democrats used in the first special session to block Senate consideration of a GOP-sponsored bill that would redraw the state's congressional boundaries.

Dewhurst, the Senate's presiding officer, said he would not allow use of the two-thirds rule during the current second special session.

As one of 16 states that was found to historically discriminate against minorities, Texas must get federal approval — known as pre-clearance — to make changes in voting rules, including redistricting.

Democrats say the decision to jettison the two-thirds vote requirement violates the Voting Rights Act, noting that 10 of the 11 Democrats in Albuquerque represent predominantly minority Senate districts. Their lawsuit seeks to force Dewhurst to keep the two-thirds rule.

But Republicans disagree.

"We are arguing before the judge (in Laredo) and before the Department of Justice that we do not believe pre-clearance is necessary," said Ted Cruz, Attorney General Greg Abbott's solicitor general.

"But we are also saying that if Justice disagrees, we are asking them to pre-clear" Dewhurst's action in rejecting the two-thirds rule.

"It shows how disingenuous they are," countered Sen. Judith Zaffirini, D-Laredo. "Because on the one hand they stand there and argue that that the two-thirds rule does not need pre-clearance and on the other hand they submit it secretly outside of the courtroom."

The Democrats also were criticized by the state's only Hispanic Republican in Congress, Henry Bonilla of San Antonio.

Bonilla chastised them for "playing the race card."

Meanwhile, the 11 Democrats continued to rail against the sanctions imposed by their Republican colleagues last week. The missing Democrats are being fined $5,000 a day until they return, and parking and other privileges have been yanked from their staffs back in Austin.

The Democrats had imposed a 3 p.m. deadline Tuesday, threatening to take unspecified legal action if the sanctions weren't lifted by then.

But the deadline came and went without incident, and Leticia Van de Putte, chairwoman of the Senate Democratic Caucus, said only that the senators "continue to discuss all options with our attorneys and plan to take additional legal actions as soon as possible."

[Libloather]

The Democrats also were criticized by the state's only Hispanic Republican in Congress, Henry Bonilla of San Antonio. Bonilla chastised them for "playing the race card."

Shouldn't that make headlines?

[Pubbie]

Yeah I'm sure Ashcroft is REALLY eager to help the Texas Democrats.

Hmm... I wonder who's going to win this argument?

[SolidSupplySide]

As one of 16 states that was found to historically discriminate against minorities, Texas must get federal approval — known as pre-clearance — to make changes in voting rules, including redistricting.

Am I the only one who finds this ironic? Under Democratic control, several primarily southern states discriminated against minorities resulting in federal oversight of voting rules. Today, with Republicans in control, the same racist Democrat Party refuses to create new minority districts and hides behind the Voting Rights Act that was required due to Democrat racism.

[mathluv]

The Republicans have precedent on their side. In the 3 previous times for redistricting, we have the Bullock precedent. In those 3 times, the 3 dim Lt Gov waived the 2/3 rule.

http://www.freerepublic.com/focus/f-news/955797/posts Bullock precedent

[Pubbie]

I know, Ashcroft isn't going to rule with the Ds in a million years.

The Dems must be desperate.

[Ursus arctos horribilis]

"Senate Democrats have vowed to fight that effort, saying it's aimed at undercutting a federal lawsuit Democrats filed in Laredo last week."

Wil they come home to Texas for the fight, or by proxy from the, No Tell Motel in NM.

[reformed_dem]

Isn't this the same redistricting where gray-out doofus accused the Republicans of trying to steal seats? Oh, and in that same speech he also accused those evil republicans of trying to over turn elections, just like with the impeachment of clinton, because we couldn't win fair and square. But, that's another topic.

[goldstategop]

The 11 Chicken Little D's know if Washington allows the two thirds rule to be junked, their fight is over. The remaining Senators in Austin can pass the redistricting plan. Lock, set, match, and barrel.

[DJtex]

if Washington allows the two thirds rule to be junked, their fight is over

Not exactly. There is still the 2/3 requirement for a quorum. The Republicans are letting the DOJ know that they are adopting the "Bullock Precedent" which was last used when Bob Bullock (the great Democratic Lt. Governor--and President of the Senate) eliminated the "Senate courtesy" of a "blocker bill" that requires 2/3 of the Senate to approve before a bill comes up for debate.

Bullock also had to remove the "blocker bill" to get redistricting through 12 years ago.

[jrawk]

They still have to be brought... I mean, come back.

-- lates
-- jrawk

[goldstategop]

Can the Senate draw up a rule for organizing a quorum in the absence of members who willfully refuse to attend? It seems to me the two-thirds quorum requirement keeps the Senate hostage to the caprice of a lawless minority.

[ambrose]

The Democrats had imposed a 3 p.m. deadline Tuesday, threatening to take unspecified legal action if the sanctions weren't lifted by then.

"Take one more step, and the n----- gets it!"