March 2014 Primaries will occur on schedule-2012 maps to be used as Interim Maps

[Gothmog]

It appears that the March 2014 primaries will occur on time. The San Antonio Court just issued an order that rejected Abbott’s claim that the lawsuits were moot but did adopt the 2012 maps as interim maps for the 2014 election cycle. Here is a link to the order https://docs.google.com/file/d/0BxeOfQQnUr_gcDV1VEIza2p2a2c/edit?usp=sharing Here is a brief analysis prepared by Michael Li http://txredistricting.org/post/60471213872/breaking-court-enters-order-in-texas-redistricting

The court also said that because “a full, fair and final review of all issues before the Court cannot be completed prior to upcoming deadlines for the 2014 elections,” the court would adopt the 2013 maps as interim maps for the 2014 election cycle, stressing that the maps were being adopted “on an interim basis only.

”

The rejection of Abbott’s mootness claim is a major victor for the plaintiffs. Abbott argued that the lawsuits on the 2011 maps had to be dismissed and the evidence collected showing that racial issues played a part in the formulation of the 2011 maps had to be ignored. The court rejected that claim:

[T]here is no indication or assurance that, in the next redistricting cycle, the Texas Legislature will not engage in the same alleged conduct that Plaintiffs assert violated their rights, including removing economic engines from minority districts, dismantling coalitions, manipulating turnout among Hispanics, or engaging in other conduct that Plaintiffs allege violated their rights in connection with the 2011 plans. While Texas may have voluntarily ceased or diminished the allegedly illegal conduct, it has not conceded the illegality of the conduct and has steadfastly maintained that its actions did not violate Plaintiffs’ rights. The fact that the Legislature has adopted the Court’s interim plans in an attempt to curb this particular litigation is no assurance that it will not engage in the same conduct in the next legislative session or any session thereafter.

It appears for now that we are stuck with the 2012 maps for use on an interim basis and the March 2014 primaries will be held on schedule.

[Gothmog]

1. This is a major defeat for Greg Abbott

Goodhair called a special session to deal with redistricting because Greg Abbott assured him that the Texas legislature adoption of the 2012 interim maps would moot the claims in the pending lawsuits. The adoption of the interim maps was Abbott's idea and Abbott assured the GOP leadership that the adoption of these maps would help in the redistricting lawsuits. http://www.fwweekly.com/2013/06/12/redistricting-hamster-wheel/

Republican Gov. Rick Perry, acting at the behest of Republican Atty. Gen. Greg Abbott, has called a special session on redistricting. They want the Republican-dominated Texas Legislature to pass the legislative and congressional district maps that were drawn by a three-judge federal court in San Antonio for the 2012 elections.

Abbott, who wants to run for governor, apparently thinks that if the legislature adopts the court’s maps as its own, that would make appeals of the legislature’s 2011-drawn maps moot.

His argument is that if the legislature’s lines match the court’s lines, game over –– court-drawn maps would be unassailable.

“These maps already have the approval from the federal judges overseeing this litigation,” Abbott wrote in a March 8 letter to House Speaker Joe Straus and the Senate’s presiding officer, Lt. Gov. David Dewhurst. Both are Republicans.

“Enacting the interim plans into law would confirm the legislature’s intent for a redistricting plan that fully comports with the law and will insulate the State’s redistricting plans from further legal challenge,” Abbott argued hopefully.

The San Antonio Court rejected Abbott's analysis.
http://txredistricting.org/post/60471213872/breaking-court-enters-order-in-texas-redistricting

[T]he standard for determining whether a case seeking prospective relief has been mooted by the defendant’s voluntary conduct is whether ‘subsequent events [make] it absolutely clear that the allegedly wrongful behavior could not be expected to recur.’ The heavy burden of persuading the court that the challenged conduct cannot reasonably be expected to recur lies with the party asserting mootness... …

[T]here is no indication or assurance that, in the next redistricting cycle, the Texas Legislature will not engage in the same alleged conduct that Plaintiffs assert violated their rights, including removing economic engines from minority districts, dismantling coalitions, manipulating turnout among Hispanics, or engaging in other conduct that Plaintiffs allege violated their rights in connection with the 2011 plans. While Texas may have voluntarily ceased or diminished the allegedly illegal conduct, it has not conceded the illegality of the conduct and has steadfastly maintained that its actions did not violate Plaintiffs’ rights. The fact that the Legislature has adopted the Court’s interim plans in an attempt to curb this particular litigation is no assurance that it will not engage in the same conduct in the next legislative session or any session thereafter.

This ruling means that Abbott mislead Goodhair and Dewhurst about the need for a special session. Hopefully, Senator Davis can use this stupidity against Abbott in the Governor's race.

[TexasTowelie]

2. I think that all Democrats need to use this stupidity against Abbott in the governor's race

regardless whom the Democrats nominate in the primary.

[Gothmog]

3. Read Abbott's press release on this ruling

Abbott is ignoring the fact that he lost this ruling. http://txredistricting.org/post/60480388600/greg-abbotts-press-statement-on-todays-texas