[EL] Texas redistricting ruling (sort of); more news

Rick Hasen rhasen at law.uci.edu
Fri Nov 6 16:10:07 PST 2015


    Breaking: 3-Judge Court Keeps Texas Redistricting Plan in Place, for
    Now <http://electionlawblog.org/?p=77373>

Posted onNovember 6, 2015 4:07 pm 
<http://electionlawblog.org/?p=77373>byRick Hasen 
<http://electionlawblog.org/?author=3>

There has been a ruling, of sorts, in the never-ending Texas 
redistricting case challenging the Texas House and Texas congressional 
districts under the Voting Rights Act.

The three-judge panel, which has been hearing permutations of this case 
for about half the redistricting cycle, today issued a7-page unanimous 
order 
<http://electionlawblog.org/wp-content/uploads/perez-order.pdf> rejecting some 
of the plaintiffs’ request for a preliminary injunction to change the 
redistricting plans pending a further resolution on the merits.

When this motion was filed, Isaw it as an 
attempt<http://electionlawblog.org/?p=76697>to prod what plaintiffs must 
believe to be a dilatory three-judge court. But today the three-judge 
court essentially said two things: (1) we are working really hard on a 
final decision but we are not there yet; and (2) doing yet another map 
is just going to confuse things and make them worse.

I expect what is going on behind the scenes is that we are not going to 
see a unanimous opinion.  Instead we are going to see a split opinion, 
and if Texas is on the losing end of things, a quick appeal to the 
Supreme Court.  (Maybe an appeal if Texas wins too, but that’s less 
certain.)

The wheels of Justice turn slowly, but if they turn much more slowly 
we’ll be gearing up for the next redistricting cycle! The best case 
scenario now is a ruling in a case originally filed in 2011 affecting 
the /2018 /elections.

A couple of snippets from the opinion:

“The Court has been working diligently and has made substantial progress 
toward resolution of the claims on the 2011 plans; however, it has not 
yet reached a final decision. Trial on the merits of the claims against 
the 2013 plans has not been scheduled, and legal challenges to the 2013 
plans will not be resolved before the 2016 election cycle.”

“Even if movants could show a likelihood of success on the merits, the 
Court must balance the need to protect voting rights that may be 
affected by the 2013 plans with the need to avoid the adverse effect on 
voting rights that comes with delay and confusion during election time. 
If the Court enjoined the 2013 enacted plans and imposed yet another set 
of interim plans for the 2016 election, the shifting district and 
precinct lines would leave candidates in limbo, voters confused, 
and election officials with the burden of implementing new maps in a 
timely manner with very limited resources. It would be extremely 
difficult to implement new interim plans without tremendous interruption 
to the 2016 election schedule. The balance of equities does not tip in 
movants’ favor.”

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<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77373&title=Breaking%3A%203-Judge%20Court%20Keeps%20Texas%20Redistricting%20Plan%20in%20Place%2C%20for%20Now&description=>
Posted inredistricting <http://electionlawblog.org/?cat=6>,Voting Rights 
Act <http://electionlawblog.org/?cat=15>


    “The Money in Politics Disaster – Video of Trevor Potter’s Remarks
    at the Independent Sector Annual Conference”
    <http://electionlawblog.org/?p=77371>

Posted onNovember 6, 2015 12:44 pm 
<http://electionlawblog.org/?p=77371>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here. 
<http://www.campaignlegalcenter.org/news/blog/money-politics-disaster-video-trevor-potters-remarks-independent-sector-annual-conference>

Share 
<https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D77371&title=%26%238220%3BThe%20Money%20in%20Politics%20Disaster%20%26%238211%3B%20Video%20of%20Trevor%20Potter%26%238217%3Bs%20Remarks%20at%20the%20Independent%20Sector%20Annual%20Conference%26%238221%3B&description=>
Posted incampaign finance <http://electionlawblog.org/?cat=10>,Supreme 
Court <http://electionlawblog.org/?cat=29>


    “Are GOP lawmakers waffling on campaign donor provision?”
    <http://electionlawblog.org/?p=77369>

Posted onNovember 6, 2015 11:48 am 
<http://electionlawblog.org/?p=77369>byRick Hasen 
<http://electionlawblog.org/?author=3>

The latest 
<http://www.jsonline.com/news/statepolitics/senate-debate-on-campaign-finance-could-go-late-into-the-night-b99611200z1-341788312.html>from 
Wisconsin.

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Posted incampaign finance <http://electionlawblog.org/?cat=10>


    “Gyrocopter Pilot Douglas Hughes: ‘I’m Proud of What I Did’”
    <http://electionlawblog.org/?p=77367>

Posted onNovember 6, 2015 11:17 am 
<http://electionlawblog.org/?p=77367>byRick Hasen 
<http://electionlawblog.org/?author=3>

Roll Call 
<http://blogs.rollcall.com/hill-blotter/gyrocopter-pilot-douglas-hughes-will-plead-guilty/>:

    Douglas Hughes said Friday he plans to plead guilty to one felony
    charge related to his gyrocopter flight to the Capitol in April —
    but he is not ashamed.

    The Florida manflew from Pennsylvania to the Capitol
    <http://blogs.rollcall.com/hill-blotter/gyrocopter-lands-amid-capitol-police-tumult/>on
    April 15, to deliver letters to Congress pushing for a campaign
    finance overhaul. He was immediately arrested for breaching
    restricted airspace and laterindicted
    <http://blogs.rollcall.com/hill-blotter/gyrocopter-pilot-indicted-on-six-charges/>on
    two felony and four misdemeanor charges. After several months of
    negotiations, Hughes is poised to accept a plea deal this month.

    “I’m proud of what I did and I’m not going to be ashamed of
    accepting a felony conviction,” Hughes said in a phone interview
    with CQ Roll Call. “Somebody sent me a link to a song on YouTube,
    the title of which says it all. It says, ‘Have You Been to Jail for
    Freedom?’ It says it all.”

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    “How A Foreign Pornographer Tried To Win A U.S. Election”
    <http://electionlawblog.org/?p=77365>

Posted onNovember 6, 2015 9:58 am 
<http://electionlawblog.org/?p=77365>byRick Hasen 
<http://electionlawblog.org/?author=3>

Ciara Torres-Spelliscy blogs. 
<https://www.brennancenter.org/blog/how-foreign-pornographer-tried-win-us-election>

Share 
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Posted incampaign finance <http://electionlawblog.org/?cat=10>

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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