September 13, 2003
Legal Challenge Beaten; 3rd Session Begins 9/15

Previously, I wrote a post about the situation with the Texas Senate Democrats who fled the state to deny the legislative body a quorum in the lastest governor-called special session to deal with Congressional redistricting. Rick Perry has indeed called a third session and it begins next Monday. The Democrats have decided to attend, almost entirely due to the fact that Senator Whitmire choose to return after deciding the fight was best fought in the Senate.

Now the last major roadblock the Democrats have thrown up has been defeated.

Three federal judges on Friday cleared the way for the Legislature to resume its fight over congressional redistricting by dismissing a lawsuit brought by Senate Democrats.

The ruling would allow only 16 senators — instead of the customary 21 — to agree to consider a new congressional map, making it impossible for the Democratic minority to stop the issue outright.

The judges, however, left open the possibility of weighing in later on whether Senate Republicans could levy fines against senators who fled to New Mexico for 45 days rather than vote on a new congressional map.

In the four-page ruling, the judges said the Voting Rights Act, which protects minority voting rights, does not extend to telling the Texas Senate how to conduct its internal business.

Copyright 2001-2003 Cox Texas Newspapers, L.P. All rights reserved.


The ruling is in PDF format here.

So that's that. Without this bit of legal covering, it is almost guaranteed some form of redistricting will occur in this session.

The judges, however, left unresolved the issue of whether the Senate Republicans legally could fine the missing senators $57,000 each for boycotting.

Ouch. But I support the fines because politicians should represent their constituents by voting rather than leave the forum.

UPDATE(9/23/2003 11:15pm)
More here.

UPDATE(10/12/2003 9:34pm)
Big News: a plan has been finalized and passed by both the House and the Senate.



Posted by Drizzten at September 13, 2003 06:57 PM

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