TEXAS  (CONT)

delegation. They achieve this by packing minority voters into as few districts as possible and breaking apart rural districts so that the impact of independent voters will be reduced and suburban Republican voters will dominate.

During the regular session of the Texas Legislature, Democratic members of the Texas House of Representatives exercised an unprecedented parliamentary move to prevent the House from passing Tom Delay's redistricting plan. While Democrats are in the minority of the House of Representatives, the state constitution requires that at least 2/3 of the House be present for the House to pass a bill. Because it was clear that the Republicans would entertain no debate and brook no compromise in their effort to rewrite the rules by which members of Congress are elected, the Democrats were forced to break the quorum to prevent the bill from passing. Because the Republican Speaker of the House and Governor called on state law enforcement officials to physically compel the Democrats to return, the lawmakers removed themselves to a Holiday Inn in Ardmore, Oklahoma -- outside the reach of state troops(1). In there effort to apprehend the Democrats, Tom Delay officially sought the help of the Department of Homeland Security, the Department of Transportation and the Department of Justice.

The House Democrats (nicknamed the "Killer D's", based on an earlier episode in Texas history in which a group of Democratic state senators called the "Killer Bees" broke the quorum in the Senate over a similarly political stalemate) succeeded in stopping Delay's redistricting plan during the regular session, returning to Texas after the legislative deadline had expired for the House to pass legislation. However, because the Texas Legislature meets in regular session only every two years, the state constitution gives the Governor the power to call a 30-day special legislative session at any time between regular sessions. Despite statewide protests from Texas citizens who oppose Tom Delay's redistricting plan, the Governor has called two special sessions(2) already this summer to attempt to force the legislature to enact a new plan.

The first called session expired in a deadlock, as 12 of 31 Texas Senators(3) opposed the plan. Under Senate rules and tradition, a 2/3 vote is required to consider any bill on the floor of the Senate, giving 11 Senators the power to block a vote(4). The Republican Governor and Lieutenant Governor then determined they would do away with the 2/3 rule, and called another special session, forcing 11 Democratic Senators to break the quorum and leave the state.(5) These Senators have spent the past 22 days in Albuquerque, New Mexico.

The Governor has indicated he will continue calling special sessions until the Republican redistricting plan is enacted, despite the fact that the Republican-controlled Texas Supreme Court recently rejected the Governor's writ of mandamus filing to compel the Senators to return to the Senate. Meanwhile, eleven Democratic state senators are exiled from their state, unable to be with their families, friends, and constituents, for fear of being arrested as part of a partisan power play by Republicans. In the most recent indignity, Republican Senators voted to fine the absent Democrats up to $5,000 per day, and to revoke parking and other privileges for their staffs as long as the Senators are away.

What's at stake
At stake, on the surface, is whether Tom Delay will succeed in exploiting Republican control of the Texas Legislature to add to the Republican majority in the United States Congress. But deeper issues are also at stake.

  • If the Republicans succeed in redrawing the Texas Congressional lines to guarantee the election of five to seven more Republicans, it will ensure that Republicans hold the majority in the U.S. House of Representatives for the entire decade and will likely result in Tom Delay becoming Speaker of the House.(6)
  • The Republican advantage would be gained by removing many African American and Hispanic voters from their current Congressional districts and "packing" them into a few districts that already have Democratic majorities. The voting power of these minority voters would be dramatically diluted by the Republican plan, in contravention of the federal Voting Rights Act. If the Republicans succeed, over 1.4 million African American and Hispanic voters will be harmed. It would be the largest disenfranchisement of minority voters since the Voting Rights Act was passed.
  • Redistricting exists for the purpose of reapportioning voters among political districts to account for population shifts. The purpose of this reapportionment is to ensure a roughly equal number of voters in each district, to preserve the principle of "one man, one vote."(7) For