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.
And thanks for posting this ! ...
The Bullock Precedent only applies to redistricting. I think you'd have a lot of angry Republicans if the Senate tried to apply it to setting primary dates.
But Judge Kazen didn't explain which part is not frivolous. He dissed both of their claims.
Well, it looks like the Rats have bought two more weeks of stalling before they're slapped down again.
He is such a liar.
The U.S. Justice Department's Civil Rights Division on Tuesday told the state that the "two-thirds rule" is an internal Senate procedure and the agency would not consider the change in procedure as something that had to be reviewed under the Voting Rights Act.
It looks like the democRATs are getting resounding bitchslapped on every front.
Actually, if you read the editorial written by Dewhurst (posted on another thread here), you will see that the 2/3 rule has been suspended at least 20 times in the past 50 years, and only a few of those times were for redistricting. Also, Perry could make redistricting and changing the primary date part of the same special session. If there is no blocker bill in place, each piece of legislation is addressed in the order it emerges from committee. In that case, the Dems would need a 2/3 majority to KEEP the bill from being debated, by voting to take up another piece of legislation instead.
He is such a liar.He is rude as HE** too !! ...
This is one of the Texas Chicken D's holed up in Albuquerque, N.M. He calls the fines 'Poll Taxes' and RUDELY hogs the conversation with this radio show host, then HANGS UP on him !!G-r-r-r-r-r !!
Unbelievable Conversation with Senator Rodney Ellis
by Greg Knapp 08-13-2003
Youve GOT to hear this to believe it ! (13 min., 47 sec)
http://mrgrumman.home.comcast.net/GregKnapp-Interview-SentatorRodneyEllis-081303.mp3
hehe !
Thanks for posting the AAS version ! ...
He just didn't want to take the heat alone.
Becki
To avoid a quorum.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.