Judges block suit for new legislative districts

Judges block suit for new legislative districts

Press-Register ( Mobile , AL )

May 24, 2006

By PHILLIP RAWLS

Associated Press Writer MONTGOMERY - Three federal judges blocked a Republican-inspired lawsuit that sought to redesign Alabama 's legislative districts and make them more likely to elect Republicans.

The judges' decision leaves Alabama 's current House and Senate districts in place for the June 6 primary election and Nov. 7 general election.

The three-judge panel said the Republicans' lawsuit can't proceed because it is too similar to earlier suits started by some of the same Republicans to challenge the design of legislative districts.

Senate President Pro Tem Lowell Barron, D-Fyffe, said Tuesday the ruling shows the Legislature designed fair districts.

"This is the second time the Republican Party has challenged redistricting in federal court, and they challenged it twice in state court. They've lost in all venues," he said.

The plaintiffs' lawyer, Mark Montiel, did not immediately return phone calls Tuesday seeking comment.

A group of Republicans filed the suit last year in federal court in Mobile after a redistricting suit in Georgia forced the redesign of districts and helped the GOP take control of the Georgia Legislature for the first time since Reconstruction.

The plaintiffs contended Alabama's districts needed redesigning because when the Legislature drew them after the 2000 census, it overpopulated some districts represented by Republicans and underpopulated some districts held by Democrats - all in an effort to elect more Democrats.

Republican Attorney General Troy King and Democratic legislative leaders fought the lawsuit, saying the Republican plaintiffs were simply repeating prior unsuccessful cases.

The judges said former state Republican Chairman Marty Connors, Republican state Sen. Steve French of Birmingham, and state Republican Party Vice Chairman Jerry Lathan of Mobile were involved in past litigation over the legislative districts and in developing the new suit. The judges said Connors, French and Lathan were driving the litigation, rather than the voters named as plaintiffs in the suit.

They also noted that Montiel had handled prior litigation and the current case.

Author: PHILLIP RAWLS

Section: B

Page: 02