Posted on 09/12/2003 3:14:09 PM PDT by ru4liberty
Sept. 12, 2003 | AUSTIN, Texas -- A three-judge federal panel in West Texas on Friday dismissed a lawsuit filed by senate Democrats hoping to derail a new round of redistricting in Texas.
The Democrats argued that Senate rule changes by Republicans to further the redistricting effort violated federal law.
The judges, who listened to two hours of oral arguments Thursday in Laredo, dismissed those claims but withheld a decision on an amended complaint of threats to arrest Democrats and require them to pay fees for their failure to appear at a special legislative session on redistricting.
"The arrest issue likely will become moot," the judges wrote in their opinion. Democrats "fear of being coerced to appear at a legislative session is shifting to a fear of being prevented from appearing. For reasons discussed at the hearing, neither the facts nor the law on the issue of threatened monetary sanctions are sufficiently developed at this point to permit an informed decision. Moreover, it is possible that future developments could also moot this issue."
The Democrats filed the lawsuit during their boycott of the Texas Capitol over GOP efforts to redraw the state's congressional districts to give Republicans a majority in the state's congressional delegation.
Eleven Democratic senators fled to Albuquerque, N.M., on July 28, shortly before Republican Gov. Rick Perry called lawmakers back for a second special session. The senators went across the state line so Texas law officers directed by the Senate sergeant-at-arms could not arrest them and force them back to the Texas Capitol.
The boycott brought the Senate to a standstill because not enough senators in the 31-member chamber were present to make a quorum. Ultimately, the redistricting effort died that session, but after the session ended, one of the Democrats, Sen. John Whitmire of Houston, defected from the group and returned to Texas and said he would attend the next special session.
Perry has set the third session to start Monday.
The remaining Democrats returned to Texas this week to attend a hearing on their lawsuit and said they would attend the session only if Whitmire attended, giving Republicans enough members to make a quorum.
During the court hearing Thursday, judges closely questioned the Democrats' attorney, Paul Smith, who argued that dropping a Senate rule requiring two-thirds of the 31 members to agree to debate a bill violated the federal Voting Rights Act, enacted to protect minority voters.
"This is a very significant piece of how the Legislature operates," Smith said of the long-standing rule, which was eliminated by Lt. Gov. David Dewhurst after it was used to stymie redistricting during the first special session.
The judges seemed wary of Smith's arguments in light of a ruling last month by the Justice Department that the Voting Rights Act provision on getting prior approval of changes that may impact minority voters does not apply in this case.
The panel also seemed comfortable with an argument by state Solicitor General Ted Cruz, representing Republican officials, that the Democrats were in court too soon because no redistricting has taken place.
"There has been no clear action. Nothing has been done yet," Cruz said. "At this point the Legislature is arguing back and forth about what it might do."
Ten of the Senate Democrats who returned to Texas this week after spending more than six weeks in exile in Albuquerque, N.M., attended the hearing. Nine are minorities and most represent heavily minority districts.
The judges' decision on the fees stemmed from the $57,000 in fines imposed by Republicans on each Democrat who went to Albuquerque for the time they spent away from the legislative session.
Now, if Dewhurst would mandate those toads pay their d$mn fines, that would make my day.
Don't hold back, Dennis.
Tell us what you really think!
:-D
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