Good News! Supreme Court Rules Against TX GOP:
Posted on Mon, Aug. 11, 2003
Supreme Court rules against Republicans Democrats file lawsuit in Laredo By John Moritz Star-Telegram Austin Bureau AUSTIN - The all-Republican Texas Supreme Court today dealt a body blow to the GOP-led drive to redraw the state's congressional boundaries by rejecting a plea from Gov. Rick Perry and Lt. Gov. David Dewhurst that the justices order the 11 Democratic senators to end their holdout in New Mexico.
The state's highest civil court denied the motion filed Thursday by the state's top two Republicans that would have compelled the absent Democrats to return to Austin so the Legislature could take up redistricting.
The 11 Democrats fled two weeks ago, and their action tied in knots the Texas Senate, because the state Constitution requires that two-thirds, or 21 of the 31-member body be present for any business to be conducted.
An attorney for the Democrats hailed the court's ruling as a victory for the quorum-busting senators who have vowed to remain holed up in Albuquerque, N.M., until the 30-special session Perry called on July 28 expires in a little over two weeks.
"I think it means that the Supreme Court clearly saw the baselessness of the governor and lieutenant governor's gambit and did what courts are supposed to do: apply and enforce the law fairly and expeditiously," said Austin lawyer Renea Hicks, who represents Texas' Democratic congressmen.
Spokesmen for Perry and Dewhurst did not immediately return calls when the court's ruling was announced at 2:30 p.m. A spokeswoman for Texas Attorney General Greg Abbott, a first-term Republican who represented the governor and the lieutenant governor before the high court, said it is up to Dewhurst to decide the next move because he is the president of the Senate.
"The lieutenant governor is the person who holds the cards now," said Angela Hale, spokeswoman for Abbott. "It's in his hands on who he wants to proceed."
During the regular session of the Legislature, which ended June 2, House Democrats were able to kill redistricting when 51 of them fled to Ardmore, Okla., which denied a quorum in the lower chamber. During the first 30-day special session, Senate Democrats blocked the effort because of the chamber's tradition of requiring 21 of its members to agree before bringing any matter up for a floor debate.
Dewhurst announced that the 21-vote tradition would be abandoned in subsequent special sessions on redistricting, which prompted the decision by 11 of the 12 Senate Democrats to bolt.
The court's decision, which was not accompanied by an explanation, came the same day as Democrats filed a federal lawsuit in Laredo alleging that the effort to redraw the 32 congressional boundaries violates the 1965 Voting Rights Act because the absence of the 21-vote tradition in the Senate silences minority voices.
Republicans control both state houses and hold all of the statewide offices, but Democrats enjoy a 17-15 advantage in the state's congressional delegation.
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