Democrats prepare for redistricting case
Lawyers bash map as partisan

By Tara Copp
AMERICAN-STATESMAN STAFF
Thursday, February 23, 2006

WASHINGTON — The Democratic attorneys challenging Texas' congressional districts filed a reply brief with the U.S. Supreme Court Wednesday, one week before arguments are set to begin in the high-stakes case.

The brief is aimed at countering state arguments that say the map, which was redrawn in 2003 and helped Republican candidates, was done fairly and with consideration to both parties' senior members and minority voting stakes.

Last week, the White House asked to join the state's case defending the map, and in the Wednesday arguments, the court will hear from Deputy U.S. Solicitor General Gregory Garr.

In their brief filed Wednesday, J. Gerald Hebert and fellow appellant attorneys called the reasoning behind the redistricting "nonsense."

"This was not some bipartisan effort. It was orchestrated in Washington and one of the most notorious power grabs in the history of our country," the attorneys said.

The case will address whether the Legislature could call for a second round of congressional redistricting after a congressional map had been approved in 2001; whether minority voting rights were unconstitutionally impacted; and whether the 25th Congressional District was racially gerrymandered.

That district is where U.S. Rep. Lloyd Doggett, D-Austin, now serves after his former 10th District was split up by the 2003 map. The 25th District begins in Austin and stretches in a thin sliver down to McAllen.

On Tuesday, the Supreme Court decided in a similar case that Colorado Republicans who are challenging that state's congressional map could proceed with their case, which had been blocked on a technicality. The Coloradoans now will be watching to see how the Texas case is decided and what precedent it sets.

Hebert said the court has a strong opportunity to curb what he terms "excessive partisan redistricting."

"I feel that if the Supreme Court doesn't step in . . . then there will be literally a festival of redistrictings. Legislators all over the country will soon be worshipping at the shrine of 'Our Lady of Perpetual Redistricting.' "