Texas wants expedited SCOTUS appeal on redistricting

Not reading this anywhere else.

Gov. Greg Abbott announced Wednesday morning he plans to file an appeal with the U.S. Supreme Court to overturn a Tuesday ruling that invalidated two congressional districts, including Corpus Christi's District 27.

The appeal will be filed this week, unless the state requests — and is granted — an extension on a three-day deadline imposed by the district court's ruling, Kayleigh Lovvorn, a spokeswoman for the Texas Attorney General's office told the Caller-Times Wednesday.

The San Antonio court gave the state a three-day deadline to indicate whether the legislature would convene to consider redistricting, a move Abbott called "astonishing." 

First, I thought these appeals went through the Fifth Circuit before they got to the Supremes (thus the strike-through in yesterday's).  Second, it is a little wild that the three judges who invalidated the constitutionality of the two Congressional districts which Blake Farenthold and Lloyd Doggett currently represent would give the state until this Friday to decide whether to meet with the plaintiffs and start drawing new maps on the day after Labor Day ... or keep fighting it out in court.

Surely it will continue to be the latter.

The federal judges ruled Congressional Districts 35 and 27 violated racial discrimination prohibitions in section 2 of the Voting Rights Act of 1965 and the 14th Amendment of the U.S. Constitution.

The 107-page ruling, handed down in San Antonio, could lead to a battle to redraw the districts in time for the 2018 elections. 

If Texas does not respond within three days and the Supreme Court does not intervene, the two sides are scheduled to meet Sept. 5 to begin drawing new maps, the ruling states.

Or Abbott's appeal to Justice Sam Alito is taken under advisement by him and he alone decides, or he refers it to the full Court, in which case we're back on the slow track.  If Abbott's appeal is not granted, then Abbott calls another special session for redistricting (rather than leaving it to a squadron of lawyers from the state and MALDEF, etc., and under the supervision of the federal judges of the Western District of Texas).  A special may be coming anyway, since Goobnur Wheels is now grousing about his agenda being derailed by Joe Straus.

IANAL so feel free to weigh, lawyers.

While I was blogging the above, Meagan Flynn at the Press posts an update, beating all the corporate news media outlets and Kuff and the rest of those who are usually on top of these things.  Maybe later today, or tomorrow morning at 5 a.m. in Kuffner's case, with whatever the Chronic or the TexTrib have to say, preceded by "Wow' or something similar.

The ruling means both maps will need to be redrawn in time for the 2018 election, and that lawmakers can't kick the can down the road until the next session. The federal judges gave Texas three days to decide whether it wants the court to redraw the maps for it — or let the Legislature do it. Which would require a special session.

[...]

Expect to find out by the end of the week whether you'll have to watch lawmakers tear up the state Capitol all over again this fall. Who knows, given Abbott's philosophy during this past special session was cram as many bills as possible into 30 days, maybe the bathroom bill will even make an appearance on another ambitious agenda.

Hellza poppin'.

Update: KUT touches base with Brennan Center attorney Michael Li, who is also advising the plaintiffs, and he explains the current situation as I have.

“It’s possible that everything gets put on hold until the Supreme Court decides, but it’s also possible that the court lets that go forward,” said Li ... “I think everyone is sensitive with the close timing of the election and everything that it may make sense to go ahead and redraw the maps now.”

[...]

“The question now is who redraws the maps.”

[...]

“So the normal practice is that a Legislature gets the first shot at redrawing maps," Li said, "and the court has given the Legislature that shot." If they don’t agree to hold a special session to redraw the maps, then the state and plaintiffs go back to court for a hearing in September to hash it out.

The court also still has to rule on the statehouse maps, which could also delay a special session.

Li said legislators will probably want to wait to see if they have to redraw both sets of maps before going into another session. He said it is possible, however, that all this could be sorted out in time for the 2018 elections.

“If all the cards align, and the changes aren’t that massive, then it’s possible that maps could be in place by September or early October,” he said. “But right now everything is up in the air.”

Update (8/18, late p.m.): There will be no special session to address redistricting ... for now. Governor Hell on Wheels reserves his right to call one before 2019 if the Supreme Court lets the air out of his tires.  Ken Paxton's pompous dismay at having judges draw maps -- i.e. his disgust at the governor for failing to take matters into his own hands -- is duly noted for the record.

Sine Died

Buy us another round, Governor?

Texas House members huddled near the dais on Aug. 15, 2017. 

Thanks to Marjorie Kamys Cotera at the TexTrib for the pic.

The special session of the Legislature came to an abrupt end Tuesday night, a day earlier than expected, when the Texas Senate adjourned without acting on a House-passed version of a property tax bill.

The House began the late-session drama when it unexpectedly closed the special session with one item pending — a conference committee on Senate Bill 1, which would have required larger cities and counties to get voter approval for property tax increases.

Senate Republicans wanted automatic elections for increases of 4 percent or more. The House settled on a 6 percent trigger, and by adjourning early, House leaders told the Senate to take the 6 percent rate or leave it.

Later Tuesday night, the Senate chose to leave it.

The RWNJs are up in arms tiki torches, but Greg Abbott is signaling 'success'.

"Our office believes this special session has produced a far better Texas than before," said Abbott press secretary John Wittman.

If you're a woman who wanted a choice as to whether to give birth or not, or even be able to have your insurance company pay for your choice under standard polices ... no.  Not at all.

For his part, Gov. Greg Abbott was silent on the session’s end. He signed three bills on Tuesday, bringing the total number of special session bills he’s signed to five. Four more bills await his signature, including a House measure relating to tree regulations on private property that’s a far cry from what he demanded and similar to a bill he vetoed in June. The only other bill to reach his desk relating to reining in municipal powers was one that restricts the annexation authority of cities in large counties.

Likewise, lawmakers didn’t pass bills restricting transgender bathroom use, an emphasis of social conservatives, or limiting state spending, a cause of fiscal conservatives.

Abbott has asked lawmakers to pass bills related to 20 issues. Just nine and a half of those reached his desk.

A better batting average than I predicted last Saturday, but the ultracons are still howling. We'll have to wait for the governor to decide whether his wheelchair seat cushion feels too warm after he gets off the phone with the Porters.  They don't stay up late, but they do get up early to feed the chickens and milk the cows.

Jane Nelson (Senate Finance chair) says we can do whatever we want; she's going to Italy.  Not quite Davy Crockett at the Alamo.  Not even Billy Bob Thornton in the movie, for that matter.

I'll go out on a limb and predict that Abbott feels comfortable enough with his $41 million to declare victory and go home, leaving Dan Patrick to go after Joe Straus, et.al. now and next spring.

(Patrick) placed the blame for almost all of Abbott's failed special session priorities on Speaker of the House Joe Straus.

"Thank goodness Travis didn't have the speaker at the Alamo," Patrick said. "He would've been the first one over the wall."

Patrick said the San Antonio Republican had treated the governor's agenda "like horse manure," blocking votes on measures like the "bathroom bill," private school vouchers and defunding Planned Parenthood.

"We missed some major opportunities, but what I'm most upset about is the House quit tonight," he said. "With 27 hours to go, they walked off the job."

Sounds like the proverbial line in the sand to me.  It's possible that the federal judicial panel that found two Texas Congressional districts unconstitutional yesterday compels a special session before 2019 if the Supreme Court ultimately agrees, and in turn orders a fix before elections in 2018, but we'll have to wait for that on the usual unpredictable timeline.  The Fifth Circuit is the next stop, whoever loses appeals again to the Supremes, and even on the fast track the SCOTUS doesn't take the case under consideration until the high court reconvenes on the first Monday in October.  It's possible that any redistricting simply waits until the legislative session in 2021, as the regularly-scheduled decennial mapmaking process occurs.

So if I had to guess right now ... no more specials.  But I could be wrong.  Update (8/17): I'm probably wrong.  Read this post for the latest on how the redistricting decision affects the probability of another special session.

Ross Ramsey at the TexTrib has more inside baseball.

The Weekly Wrangle

The Texas Progressive Alliance has no room for hate in its heart, no matter what it calls itself.

Here's the roundup of blog posts and news from last week.

Off the Kuff looks at July finance reports in key state Senate districts.

Socratic Gadfly examines Consortium News' latest in-depth piece on how Putin did NOT "do it" on the DNC hacks and and ties this together with Sy Hersh's comments about Seth Rich.

With only a few days remaining in the special legislative session, it appears that Greg Abbott won't come close to getting everything he wanted out of it, says PDiddie at Brain and Eggs.

CouldBeTrue of South Texas Chisme calls out the Texas Republican hate on display this week, from LGBTQ bashing, immigrant bashing to the kicking of the poor.

The Lewisville Texan Journal profiles John Wannamaker, a former Marine and prison inmate, one of four Democrats competing to challenge US Rep. Michael Burgess (CD-26).

Texas Watch asks the TDI to investigate the automobile insurance collision repair industry's practices that appear to be short-changing Texas drivers.

Ted at jobsanger posts some statistical facts about Muslims in the United States.

Texas Vox needs some help for its challenge to one of Trump's deregulatory executive orders.

Neil at All People Have Value went to the monthly meeting of the Houston chapter of the Democratic Socialists of America. The meeting was well-attended and many tangible actions were discussed. APHV is part of NeilAquino.com.

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More Texas blog posts and news!

Houston, Austin, and cities across North Texas all held vigils for Charlottesville last evening in the wake of white supremacist provocations, animosity, and violence in that city.  Meanwhile in College Station, so-called alt-right leader Richard Spence has been scheduled to appear on the campus of Texas A&M in September.

In San Antonio, Gus Bova of the Texas Observer reported that hundreds pf people clashed over the removal of a Confederate monument in Travis Park.

Armed militia members surround a “mobile command center” near Travis Park.

Leif Reigstad at the Daily Post reports that the guy who quit after 37 days as Corpus Christi's mayor, Dan McQueen, is running for the US Senate against Ted Cruz in the GOP primary.

Marc Campos eulogizes former Governor Mark White, while the TSTA blog remembers his legacy.

The Rivard Report notes San Antonio Mayor Ron Nirenberg telling Greg Abbott to back off the attack on cities.

Durrel Douglas at Houston Justice has been covering the Houston ISD goings-on of late, beginning with a post about the candidates challenging board president Wanda Adams, and the possibility of several black legacy high schools in HISD threatened with closure due to failing grades by students.

In a tale reminiscent of George Orwell's "1984", the Texas Senate's Education Committee claims that a $1.8 billion cut to Texas public school funding is part of a long-term remedy, reports the Texas Standard.

Ty Clevenger at Lawflog wonders why the FBI is still protecting Hillary Clinton.

Bonddad takes another look at "The Changing of the Guard", a 1980 book that foretold the rise -- and destructiveness -- of neoliberalism.

Pages of Victory posts part 2 about why he left the Democratic Party.

The Texas Living Waters Project frets about the zebra mussel invasion.

Lone Star Ma makes the case for breast pumps.

And Harry Hamid fears the incoming hordes of killer babies.

Sunday 'Superior Race/Arms Race' Funnies