GOP'S MAP DEALT SETBACK

January 24, 2004

Rocky Mountain News

Democrats scored another key court victory Friday in their bitter 8-month-old legal fight with Republicans over congressional redistricting in Colorado.

For now, at least, a map drawn by Republicans in May is invalid.

Friday, a three-judge federal court panel said it would its keep hands off the dispute unless the U.S. Supreme Court overturns a December ruling by the Colorado high court that struck down the map.

The announcement brought cheers from Democrats, but Republicans promised that the fight was far from over.

The panel's action "leaves us little choice but to appeal our case to the United States Supreme Court," said House Speaker Lola Spradley, R-Beulah.

Added Senate President John Andrews, R-Centennial: "The General Assembly will now ask the U.S. Supreme Court to immediately affirm our legislative authority to draw congressional districts."

But Assistant Senate Democratic Leader Ken Gordon, who estimated the cost to the state so far at nearly $250,000, urged Republicans to let the case drop.

"The law is clear, so at this point they (Republicans) are just wasting Colorado taxpayers' money," Gordon said.

When the Colorado Supreme Court tossed out the GOP-drawn map last month, it said a 2002 map already had been drawn up by the courts after legislators failed to reach agreement.

That map was friendlier to Democrats.

The Colorado Constitution bars more than one congressional redistricting map every 10 years after a census, regardless who draws it, the state high court ruled.

In Friday's 27-page ruling, 10th U.S. Circuit Court of Appeals Judge David Ebel wrote: "Unless the United States Supreme Court overturns (that case) on federal constitutional grounds, this case will be dismissed."

The GOP map would have strengthened the Republicans' current hold on five of Colorado 's seven congressional district seats by increasing GOP registration numbers in two at-risk seats - the Western Slope 3rd District and the new suburban 7th District.

Congressman Scott McInnis, the Republican who holds the 3rd District seat, is not seeking re-election this year and Democrats think they have a good chance to win it.

Congressman Bob Beauprez won the new 7th District seat by a narrow 121-vote margin over Democrat Mike Feeley of Lakewood in the closest congressional race in the country.

Leading Democrats, including Attorney General Ken Salazar, who won the case in the state Supreme Court, urged Republicans to stop the court battle and concentrate on other issues.

"I feel very confident about where we are today, even though we're not quite at the final end of the road," Salazar said at a hastily called news conference after the ruling came down.

"We could bring it to a final end of the road if the General Assembly and the secretary of state and the governor said it was over. I would be delighted if that was the conclusion."

But disappointed Republicans insist they will continue the fight.

"I think that we ought to continue our legal challenges as far as it can go," said Rep. Rob Fairbank, R-Littleton, who played a key role in drafting the GOP map.

Fairbank said he believes the U.S. and Colorado constitutions clearly grant the power to redraw congressional boundaries to the legislature.

"Take the politics out of it," he said. Deciding whether lawmakers or courts have the authority to redistrict "is an important question the courts ought to resolve."

But House Democratic Leader Andrew Romanoff, of Denver , called on his GOP counterparts to end the legal drama.

"Republicans are running out of courts to turn to and the state is running out of money to defend them," he said.

Republicans have until March 2 to appeal the Colorado Supreme Court ruling to the U.S. Supreme Court, but there is no guarantee that court will accept the case.

INFOBOX

Redistricting saga

Jan. 25, 2002: District judge redraws congressional map after lawmakers can't agree on one.

Feb. 26, 2002: Colorado Supreme Court upholds map after GOP challenge.

May 7, 2003: Republican legislature redraws map to beef up GOP numbers in 3rd, 7th districts.

May 9, 2003: Democrats file lawsuit in Denver District Court. It is moved to federal court at the request of Republicans.

May 14, 2003: Attorney General Ken Salazar files suit in Colorado Supreme Court, arguing GOP map violates the Colorado Constitution.

Dec. 1, 2003: Colorado Supreme Court rules for Democrats, saying the GOP map is invalid.

Dec. 3, 2003: Republicans file another suit in federal court claiming the Colorado Supreme Court ruling was a "breach of the separation of powers."

Jan. 23, 2004: Federal court says it intends to dismiss the congressional redistricting challenge unless the U.S. Supreme Court takes up the Colorado Supreme Court ruling on appeal and reverses that decision.