Demos' return may be hard part

San Antonio Express-News ^ | August 24, 2003 | Peggy Fikac

[Dog Gone]

AUSTIN — Leaving may have been the easy part for 11 Texas Democratic senators who have been in Albuquerque, N.M., for nearly 30 days to stop GOP-driven congressional redistricting.

Finding a way back to a normal Senate, with a quorum to do business, is the hard part — and not just for the Democrats, but for Republicans whose drive to install more GOP members of Congress is going nowhere as long as their colleagues stay gone.

With no sign of compromise, the Democrats' return may come through the doors of the federal courthouse in Laredo, where arguments will be heard Wednesday on their lawsuit challenging the way Republicans are handling the redistricting effort.

Other lynchpins of the deadlock appear immovable.

GOP Gov. Rick Perry has ordered two special sessions on redistricting and has promised to call a third — but he won't say when. The current session ends Tuesday.

"The individuals in Albuquerque need to get back to work," he reiterated last week at a stop in Temple.

The Democrats have refused to show up since the current session began July 28, because GOP Lt. Gov. David Dewhurst, the Senate's presiding officer, said he'd drop a requirement for a two-thirds vote to debate legislation.

With 19 Republicans in the 31-member Senate, that move would deprive Democrats of the clout that enabled them to block a redistricting vote during the first special session.

"We get back home the way we said from Day 1 of this session — redistricting is not on the table" or the two-thirds requirement is restored, said Sen. Leticia Van de Putte in Albuquerque. "We didn't break quorum with an exit strategy in mind."

The Democrats' lawsuit says Dewhurst's decision to drop the two-thirds rule violates federal law protecting minority voting.

They also hope to stop any attempt to force them to return to the Capitol if they come back to Texas, and they are challenging fines imposed on them for their absence by GOP senators.

State Republican leaders, who were rebuffed when they asked the Texas Supreme Court to order back the Democrats, are asking the federal court to dismiss the lawsuit.

The only exit strategy remaining is where "both sides try to save face by rolling the dice and hoping the courts will side with them," said political scientist Jerry Polinard of the University of Texas-Pan American in Edinburg.

"I see no resolution either by the Legislature or by the courts where both sides are happy," he added. "Either redistricting occurs or it does not occur. One side will win. One side will lose."

Austin consultant Tony Proffitt added, "It's going to end on a much more sour note than it began because there's been an escalation in terms of lawsuits and penalties and bad feelings since the get-go."

Perry said there was more going on than simply waiting.

"I think there are messages being sent directly, indirectly, subliminally to come on back and go to work. Nobody's just sitting here on our hands and going, you know, 'I'm not going to blink,'" Perry said.

"I think both the lieutenant governor, other senators, individuals who you might not even think are associated with the process are working to get those senators back, because this isn't good for Texas," he said.

Van de Putte said of the unnamed negotiators, "I don't know who he's talking about. Nobody's contacted me."

Republican senators did go to Albuquerque without result. Dewhurst said he and Republican senators also have spoken with the absentees by phone.

Perry spokeswoman Kathy Walt declined to say what other people might be involved.

A source said George Bayoud, who served as Texas' secretary of state in 1989-91, has talked to those on both sides. Bayoud declined comment.

Proffitt outlined one potential compromise: Dewhurst restores the two-thirds vote requirement and Republicans pick up enough votes with a promise of "redistricting lite" — a plan that doesn't go as far as some Republicans would like.

Consultant and lobbyist Bill Miller speculated the Democrats would return after running out the special-session clock and "go about repairing the damage."

Rep. Dianne White Delisi, R-Temple, said: "I think that the fleeing Democrats will wake up and smell the coffee at some point. And probably it will be the people of Texas who through public opinion say, 'You've made your point — enough is enough.'"

But Van de Putte of San Antonio said it's not about making a statement.

"They don't get it. It's about protecting voting rights," she said. "We're not out here for show."

Democratic strategist Kelly Fero said the absent senators won't trust any GOP offers at this point.

"There's going to need to be some sort of legal restraint placed on the people who are running this power grab so the Texas 11 can come home and know that they are still able to represent the interests of their constituents" Fero said.

[evad]

There must be other important legislation that needs to be passed. With the Chicken D's gone, why don't the pubbies work on that??

[Future Useless Eater]

I wonder if they could be declared non-residents after 30 days
of unexcused absence from their duties, and therefore replaced?

[chaosagent]

I believe that during a special session they can only work on what it was called for, i.c., redistricting.

[Servant of the Nine]

There must be other important legislation that needs to be passed. With the Chicken D's gone, why don't the pubbies work on that??

Without a quorum, the pubbies can't pass anything.

SO9

[Congressman Billybob]

State Senator Van de Putte is, like all but one of the "Elusive Eleven," bought and paid for by the Texas Trial Lawyers Association and various of its well-heeled members. This doesn't have diddly squat to do with "minority voting rights." It has to do with honest politicians, described in Maryland as, "Once he's bought, he stays bought."

The federal court case claiming that the change in the rules of the Texas Senate "dilute minority voting rights" will be dismissed. The internal procedures of any legislative body are no business of any federal court. The Supreme Court has so ruled concerning such rules in Congress.

Should the federal trial court in Texas ignore the Supreme Court precedents and rule otherwise, it will be slapped down on appeal. This is a junk case, and will suffer the fate of a junk case.

Congressman Billybob

Latest column, "In the Justices We Trust?" posted on FR and ChronWatch, other publication to come.

[hocndoc]

Because the Fleas have Hijacked our State government, and taken it across the stateline. Twice.

And they'll do it every time from now on if they get away with it thia time.

[hoaxbuster1]

Haven't seen it on the web anywhere, but at least two of the Albuquerque 11 left the state this past weekend. WFAA-TV in Dallas reported that Sens. Royce West and Rodney Ellis, the two African-American senators, were in Washington, D.C., at the 40th anniversary of Dr. Martin Luther King's historic "I have a dream" speech. West and Ellis were there to publicize their quorum busting cause -- and probably to raise some cash.

These guys amaze me!! Wonder if they'll change planes in Dallas on the way back. Arrest them and bring them back to Austin.

[Consort]

¿ What ?

[mathluv]

Has the House passed a map and is waiting on the Senate? Or will we have to worry about the House dims running for a second time in the next SS?

[hoaxbuster1]

In the current special session, the House passed a map, even though the 11 dems had already fled, and left the Senate without the required quorum to conduct business.

In any subsequent special session, the process would have to be repeated. I don't think the House can get enough members to leave, as they did in May. Thus, the senators will stay in New Mexico.

A prediction: If the dems. play the race card loud enough and long enough, which they will, the GOP will cave. They always have. They did in 2001, with the passage of the hate crimes law.

[mathluv]

I thought that the House had, but I did not know if it would have to be redone. With the support from the DNC and moveon.org, they don't seem to have to worry about money. Of course, all (or maybe just most) newspapers support the dims. It is up to us to stay on Perry and Dewhurst to stand strong. So I will sent another e-mail.

[MeekOneGOP]

NEW: Audio of Rats in Albuquerque:
Texas RAT Liberals Run to Albuquerque !!
(To the tune of Locomotion)

Chicken D's Anthem
Click here or on the pic !

[lowbridge]

bump

[Dog Gone]

The House has passed a map. The Senate committee passed a map, but this was during the session with the 2/3rds rule in place, so it was never voted on.

It differs from the House map, so even if the Senate passed the map, it would have to go to conference committee.

The Rats have a problem now. Perry has said that he might not call a third session immediately. But if the Rats come home, there's no guarantee that he won't call one with no warning, and have them arrested on the spot.

Stay tuned. It should be an interesting week.