coverage this morning ...
Democrat's return could end standoffRepublicans might be able to force senator to redistricting session
02:45 AM CDT on Wednesday, September 3, 2003
By ROBERT T. GARRETT / The Dallas Morning News
ALBUQUERQUE, N.M. – The Senate's longest-serving member flew home from New Mexico on Tuesday, putting himself in a position where Republicans may force the Democrat to attend a special session aimed at bolstering GOP power in Congress.
"You got to know when to hold them and when to fold them," said Sen. John Whitmire of Houston, who was one of 11 Democrats who left Texas to prevent a quorum assembly of the Senate, preventing consideration of a Republican redistricting bill.
A return by just one senator to the Capitol would give the 31-person Senate enough members to conduct business if Gov. Rick Perry calls a third special session.
Lt. Gov. David Dewhurst, the Republican who presides over the Senate, hailed Mr. Whitmire's action as a possible breakthrough that could end the months-long impasse over redistricting .
"The business of the Texas Senate should be done on the Senate floor, not in the courts and not in New Mexico," Mr. Dewhurst said. "I'm hopeful ... [this] will result in a plan that leads our Senate colleagues back to Texas and back to work on a number of important issues." Mr. Whitmire predicted Republicans will obtain a quorum and pass a new map of congressional districts, and he urged fellow Democrats to continue their battle in federal court.
Mr. Whitmire said that the battle over redistricting is doing permanent damage to the Senate and that state leaders need to move on to more important issues such as school finance and tax reform.
Republican state leaders have been saying that since the Democrats first fled to New Mexico to shut down the Senate at the end of July
The 10 Democrats who had been holed up with Mr. Whitmire in Albuquerque said they're angry and disappointed with him but plan to keep up the fight by staying put for now.
"For the time being, yes, we are" staying in New Mexico, said Sen. Leticia Van de Putte of San Antonio, the chairwoman of the "Texas Eleven Minus One," as members of the Senate Democratic Caucus quickly dubbed themselves.
Forced attendance?
Whether Mr. Whitmire would wind up in the Senate chambers if Mr. Perry calls another session is unclear. The power of legislative leaders to ask law enforcement agencies for help in rounding up runaway lawmakers has been challenged by the Democratic senators in federal court.
The first special session deadlocked because Republicans failed to meet the customary threshold of a two-thirds majority in order to bring a bill up on the Senate floor. When Mr. Dewhurst abandoned that tradition in the second session, 11 Democratic senators fled and prevented the Senate from doing business during the 30-day session, which ended last week.
On Tuesday, Mr. Perry did not give any indication about when he might summon lawmakers to return for another redistricting session.
"The governor would like to see his remaining colleagues return and get back to work as well," said Kathy Walt, Mr. Perry's spokeswoman. She said he would call another special session, but she did not say when.
Mr. Whitmire was cryptic as to his plans if another session is called, saying, "I will consider all options," including that he might hide in Texas. "There are steps you can take to make sure you're not surprised," he said. "My staff watches the Senate floor."
The Democrats in Albuquerque seized on such comments as meaning they haven't lost the struggle. Some predicted Mr. Whitmire would receive such an adverse reaction from his Houston constituents for appearing to cave in to the Republicans that he would continue to break the quorum, if not necessarily rejoin them.
"He didn't say he was going back on the Senate floor," said Sen. Mario Gallegos, D-Houston. "I didn't hear that."
Ms. Van De Putte said the 10 remaining Democrats would huddle further and talk with lawyers before announcing their next move. Their stay in Albuquerque could continue, she said.
Colleagues angry
But the strain among Senate Democrats was visible.
"He gave us no notice, and he sort of dropped us in the grease," Sen. Juan "Chuy" Hinojosa of McAllen, said of Mr. Whitmire's return home.
Ms. Van De Putte and Sen. Judith Zaffirini of Laredo expressed dismay, saying they learned of Mr. Whitmire's plans through the news media and that he had misled several colleagues about his whereabouts over Labor Day weekend, when he spent five days in Houston before flying back to New Mexico.
"I am disappointed to see him surrendering so easily," said Sen. Rodney Ellis of Houston. "All 11 of us have made true sacrifices to be here in Albuquerque. I have a newborn baby at home that doesn't even know what I look like. ... No personal sacrifice is so great as to outweigh the constitutional issues at stake."
Sen. Frank Madla, D-San Antonio, who has held out despite health problems, said Mr. Whitmire "should've ... looked us in the eye and said, 'I have to go back.' ... It's just very, very difficult to believe that John is walking away."
But Mr. Whitmire said he has been truthful with colleagues. He simply changed his mind about returning to Houston at 3 a.m. Thursday, he said. Mr. Perry's determination to win at all costs is evident and makes continued boycotts futile, Mr. Whitmire said.
"Ultimately, it will be decided in the courts, and I think we need to consider starting that process," he said. "The bottom line is we need an exit plan, and I have said this for weeks. I said it before we left Austin."
Mr. Whitmire said he remains a loyal Democrat.
"Just look at my voting record," he said. He said his closed-door discussions with his 10 colleagues were "pretty subdued."
"I didn't make this decision abruptly," he said.
Staff Writer Wayne Slater in Austin contributed to this report.
E-mail rtgarrett@dallasnews.com
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