Posted on 08/27/2003 10:26:44 AM PDT by hoaxbuster1
LAREDO, Texas - A federal judge in Laredo on Wednesday declined to rule on the Democratic lawsuit claiming Republicans violated the Voting Rights Act and Democrats' constitutional rights with their redistricting efforts, saying the matter would best be decided by a three-judge federal panel.
U.S. District Judge George Kazen said he doesn't think the Voting Rights Act applies in the case, but the issues raised by the 11 senators have enough merit to refer the case to the larger group of judges.
The quorum-busting senators -- who left the state for Albuquerque, N.M., a month ago to block a vote on a GOP-backed remapping of congressional districts -- had wanted to be present when a judge considered their lawsuit.
Had the case been clearly without merit, Kazen said, he would have felt comfortable making the ruling by himself. He said he would write a letter to the chief judge of the 5th U.S. Circuit Court of Appeals in New Orleans to ask that two other judges be appointed.
Kazen told Max Renea Hicks, attorney for the Democrats, that he would not grant a temporary restraining order that would permit the Democrats to return to Texas. But the judge liked Hicks' counter proposal that the Democrats be given 72 hours notice before Republican Gov. Rick Perry calls for a third special session on redistricting.
"Let's all chill out for a while and stop, stop spending taxpayers money for a while and get this ruled on," Kazen said.
R. Ted Cruz, the state's solicitor general, said that he didn't have the power to agree to a 72-hour advance notice but that he would take the idea to Perry and Republican Lt. Gov. David Dewhurst.
Several of the Democrats had planned to travel from Albuquerque to the courtroom but changed their minds about midnight because they feared arrest in Texas, said Harold Cook, a consultant for the Democrats. Senate rules allow for the arrest of members who intentionally thwart a quorum.
Sen. Eliot Shapleigh, D-Laredo, said sources in Austin told the Democrats that the Senate sergeant-at-arms was in position in Laredo to arrest them and because they had heard that several senators had been called back to the Capitol after the Legislature adjourned Tuesday to convene another session.
"There was very clearly a plan to arrest us in Laredo. Now whether that's done by saying senators, come over here, we've got to go to Austin or get in the back of that car, whatever the mechanism was, there was a plan to get us detained," Shapleigh said.
Republicans were considering arresting the Democrats but the Senate sergeant-at-arms was never in Laredo, said Dave Beckwith, a spokesman for Republican Lt. Gov. David Dewhurst.
"In a game of cat and mouse, the cat only has to win once," Beckwith said.
Cook said members of the Texas 11 regretted not being able to attend their own hearing. But Democrats had cautioned all along that they wouldn't make the trip if they got indications that a special session might be called.
"We're not going to put the senators at risk," Sen. Leticia Van de Putte of San Antonio said from a hotel room where senators were gathered Tuesday night.
In a news conference Tuesday, Perry didn't discount Democrats' concerns about being arrested in Texas.
"I guess that is a legitimate concern, I suppose. If they don't want to be here working then I don't think the lieutenant governor has any other options."
Earlier in the day, Van de Putte had shrugged off questions about whether Perry would try to trap the Democrats.
"Surely, he wouldn't be that stupid," Van de Putte said. "That would exactly prove our point (which) is they will trap us, they will do anything whether it's unethical or immoral to try and please partisan Republicans."
Five senators -- Shapleigh, Zaffirini, John Whitmire of Houston, Royce West of Dallas and Juan Hinojosa of McAllen -- had planned on attending the hearing. Van de Putte of San Antonio and Rodney Ellis of Houston were considering it.
Republicans, who control the Texas House and Senate, have been trying to redraw the state's political lines to increase the number of Republicans in Congress. Democrats and one Republican thwarted the plan in the first special session, but tried to push it through in the second session by dropping a rule that requires two-thirds of senators to agree to consider a bill.
With no blocking power, Democrats fled the state to avoid a vote and later sued, claiming Republicans violated their rights by dropping the rule. The 11 Democratic senators, all but two of whom are black or Hispanic, said the two-thirds rule is vital in ensuring racial, ethnic or political minorities bargaining power in a chamber where they're out numbered.
Democrats hoped the judge would order a three-judge panel to consider claims in the lawsuit, while Republicans hoped the judge would grant their motion to dismiss the case. There will likely be appeals regardless of the decision.
The second special session on redistricting ended Tuesday, but Democrats remain holed up at a New Mexico hotel because of the threat of another special session.
Ahh, but if and when the Dems return, the Republicans can vote to move the date for the congressional primaries back as far as they want, even until September 2004 if necessary. Without the 2/3 rule in effect, the Dems will be unable to stop it. So they would have to stay out until about May of 2004 for that to work.
....sources in Austin told the Democrats that the Senate sergeant-at-arms was in position in Laredo to arrest them and because they had heard that several senators had been called back to the Capitol after the Legislature adjourned Tuesday to convene another session.
"There was very clearly a plan to arrest us in Laredo. Now whether that's done by saying senators, come over here, we've got to go to Austin or get in the back of that car, whatever the mechanism was, there was a plan to get us detained," Shapleigh said.
Wow, they seem awfully adept at surviving on the lam....experienced, even.
Sounds like the judge is playing the fiddle as the democrats want it played.... delay.... delay..... delay.... hoping to get to the time frame beyond which filing dates are in play thus districts can't be redrawn for the next election..... He thinks VRA doesn't apply but just in case lets send it over for a panel to review.... that should take up a good month or two.....
What is unethical or immoral about enforcing rules that have been in place for years? These same rules were in place when the Dems were the majority and it didn't seem to bother them then.
Senate rules allow for the arrest of members who intentionally thwart a quorum.
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