Here's the Austin American Statesman view point.
((Note that this article actually says in paragraph 7 that the Judge sympathized on the political points, but thought about "tossing" the legal points, then punted by calling for help.))
http://www.statesman.com/legislature/content/coxnet/texas/legislature/0803/0828redistrict_update.html Federal judge turns to higher court on redistricting
Democrats may make their case on redistricting before an appeals court panel
By Gary Susswein and Laylan Copelin
AMERICAN-STATESMAN STAFF
Wednesday, August 27, 2003
LAREDO — A federal judge said today that he doesn't buy the argument that the state's Republican leaders have violated the Voting Rights Act in their efforts to draw a new map for congressional districts.
But U.S. District Judge George P. Kazen said he's not prepared to throw out the lawsuit filed by 11 Senate Democrats who boycotted the recently ended special session to prevent a new congressional map from being passed.
Saying that the case isn't so absurd, Kazen said he will ask the 5th Circuit U.S. Court of Appeals to convene a three-judge panel to listen to the arguments.
Democrats have said that by dumping a Senate rule on how proposals are debated, Republicans were reducing representation for minority residents in their districts. Kazen said he had been leaning toward tossing out the case, but decided to ask another panel of judges to consider it.
"By far, the most prudential thing to do here would be to ask for the convening of a three-judge court," he said.
Kazen also said he would ask that panel to review Democrats' request for a temporary restraining order to prevent Senate officials from having them arrested and returned to the Senate if they return to the state.
Kazen was skeptical about the Democrats' legal argument, but he repeatedly said he sympathized with their political argument. He said it's bad public policy to redraw congressional boundaries this year, and he said it's not a priority for the state of Texas.
Kazen also called on both sides to bring a new level of civility to the case and compared the standoff to the conflict in the Middle East.
"We've got these two camps over there, and it's either total victory or total surrender," he said.
The level of unease was evident by a last-minute decision against having five of the boycotting Democrats attend the court hearing.
Democrats early Wednesday said they were given credible information that Republicans had arranged a plan that would have resulted in the arrest of at least one of the Democrats in Laredo. During the just-ended session, the Senate was one member short of the attendance needed to conduct business.
Democrats would not reveal the information, but said they were advised not to return to Texas by a Republican colleague.
"We spent a month of our lives on this," Sen. Gonzalo Barrientos, D-Austin, said. "We're not about to make a silly mistake."
A spokesman for Gov. Rick Perry, however, said there was no plot against the Democrats.
"It appears the senators in New Mexico have been watching too many pay-per-view movies in their hotel rooms," said Gene Acuña. "That is such a laughable scenario, it's not worthy of response."
After the hearing, the Democrats' lawyer, Max Renea Hick, blamed Perry and Lt. Gov. David Dewhurst for the lack of civility.
State Solicitor Ted Cruz said he was pleased with the judge's decision.
Kazen said he believes the three-judge panel can convene by the middle of September.
Perry is expected to call another special session on congressional redistricting, although when he will do that isn't clear. The Democrats remain in New Mexico and were scheduled to decide whether to return to Texas later today.
He said it's bad public policy to redraw congressional boundaries this year, and he said it's not a priority for the state of Texas.
Well it maybe 'bad public policy' and/or 'not a priority' but that's the Legislature's choice not something for the Judiciary unless it violates the Constitution or Statutes....
Rent a Judge for a day.... Looks like he was looking out for his reelection bid....