Texas redistricting draws its first lawsuit challenging Legislature's authority to redraw maps

[LetMyPeopleVote]

I just read this lawsuit and it could be fun. One of the attorneys for the plaintiffs is a former Texas Supreme Court Justice who is at a very good appellant firm. The concept is that the Texas Constitution requires that redistricting be done during regular session and this redistricting is being undertaken during special session

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The first volley in what is expected to be a fierce war over Texas redistricting kicked off Wednesday in the form of a federal lawsuit filed by two Democratic state senators who argue that state lawmakers cannot legally redraw the state’s legislative maps this fall.

State Sens. Roland Gutierrez of San Antonio and Sarah Eckhardt of Austin are asking a federal district court in Austin to take over the work of drawing up new political maps for the Texas House and Senate to reflect the state’s growth in the last decade. Joined in their lawsuit by the Tejano Democrats, a political organization, the senators argue the Legislature cannot constitutionally carry out that work in a special legislative session.

The Texas Constitution states the Legislature “shall” redraw the state’s legislative maps “at its first regular session after the publication” of each decennial census. But significant holdups in finalizing the 2020 census delayed the release of the detailed population numbers needed to redraw those districts for several months — far past the end of the regular legislative session in May.

aving a court redraw legislative maps could help Democratic chances for a more favorable map compared with what the Legislature’s Republican majority might draw up in a bid to hold power for the next decade in a state that is demographically moving away from the party.

Congressional and state House and Senate districts need to be reconfigured before the 2022 elections to account for the state’s explosive growth in the last 10 years. The census’ August data delivery showed people of color accounted for 95% of the state’s population growth of nearly 4 million residents since 2010. The suit does not challenge the Legislature’s ability to draw a new Congressional district map in special session. Lawmakers must rework that map to add the two additional districts Texas earned because of its fast growth.

[FBaggins]

1. That's going to take quite a bit of spin

It's basically saying that a requirement that is clearly "take it up right away after the data is provided" should be read instead as "wait for the next regular session".

Especially when your request is to remove the process from the hands of the legislature (where the constitution placed it) and give it to a single judge.

Texas has already had previous redistricting that didn't occur at the first regular session. It's a clever argument, but unlikely to prevail.

[LeftInTX]

2. Agree

[Shell_Seas]

3. Unlikely to prevail?

Please excuse me while I go cry.