Slated, but perhaps not to be.
Texas redistricting is barely underway, but we've got our first lawsuit.
— Alexa Ura (@alexazura) September 1, 2021
Two Senate Democrats are challenging #txlege's constitutional authority to redraw House & Senate seats in a special session this fall: https://t.co/hpOtkWF4Kj
ICYMI: Texas state senators file suit arguing federal judge must draw political maps for 2022 https://t.co/8acotwwTZc #txlege
— Taylor Goldenstein (@taygoldenstein) September 1, 2021
The lawsuit from @SenatorEckhardt and @RolandForTexas argues Texas' constitution requires lawmakers meet in a regular session to redraw legislative boundaries, not a special session.
— KUT Austin (@KUT) September 1, 2021
The next regular session isn't until 2023. | @England_Weber https://t.co/IPGvmRoHaI
Scott Braddock quotes the relevant passage from the state's constitution, and Alexa Ura reports that the 5th Circuit has already appointed a three-judge panel -- one Reagan appointee, one Obama, and one Trump -- to hear the case.
Don't be surprised by the eventual lede: "In a 2-1 decision ..." Also from Braddock:
It's of note that GOP former Texas Supreme Court Justice Wallace Jefferson is on the Democrats' legal team, arguing the Texas Constitution forbids redistricting this year #txlege https://t.co/I2SD6n3Vnv
— Scott Braddock (@scottbraddock) September 1, 2021
Redistricting was done in 2003 in special session after now-Senate Dean John Whitmire reglued that year's Democratic quorum break by coming back from Oklahoma. In 2011 the process also began in special session after the 2010 census data came in (thanks, Ballotpedia) and litigation continued through 2014.
So this seems like a novel legal argument. I would think that precedent would be of considerable weight to the judges at every level where the case receives a hearing (though IANAL, and predicting court decisions in this arena is a bigger fool's errand than usual). So like you, I'll watch and wait and see what happens.
Probably over the next few years.
