DOJ Filing and Settlement talks

[Gothmog]

Settlement talks with the State of Texas and the attorneys representing some of the plaintiffs have been going on all weekend. My understanding is that the State of Texas does not want to agree to minority coalition districts but will give on the US Congressional seats.

The DOJ filed a brief today that may stiffen the resolve of the Texas Democratic Party and the plaintiffs in this case to either get the best possible deal or to go to trial. The DOJ in effect interpret the SCOTUS ruling to find that reasonable probability exists to find Section 5 violations due to the DC Circuit's rejection of the State of Texas summary judgment on the Section 5 issue http://txredistricting.org/post/16721045787/doj-on-the-meaning-of-the-scotus-opinion

And here, where the District Court for the District of Columbia denied the State’s motion for summary judgment and proceeded to trial on the Section 5 challenges, the challenges to the State’s plans certainly are not insubstantial. Indeed, the D. C. Court’s denial of summary judgment more than establishes a reasonable probability that the State’s enacted plans will fail to gain preclearance.

Closing arguments are scheduled for Feb. 1 in the DC circuit case and so this is going to be a busy week

[Melissa G]

1. Thanks for the update,Gothmog.

I hope we get the best deal possible.

[sonias]

2. Michael Li writing into the night

Texas Redistricting blog 1/29/12
Settlement discussions continue; deal possible Monday

(snip)
Sources cautioned, though, that there are many moving pieces to the deal and that it is not clear whether it will be possible to get all plaintiff groups on board. Some closely involved in the process are said to be concerned that the state is attempting to divide and conquer plaintiff groups in negotiations and that any partial deal could prove to be divisive.

I find it amazing that the Texas repukes are actually willing to cave on Congressional seats but are being hard asses on State Representative and Senate districts. Beats me.

[Gothmog]

3. One of the contested districts is in Fort Bend County

The Texas HD 26 is one of the contested districts. This should be a minority majority coalition district. The county party has recruited a strong candidate for this district who is Asian and should do well. The GOP is evidently resisting making changes to this and other coalition districts.

[sonias]

4. Texas redistricting talks stall

AAS 1/30/12

Texas redistricting talks stall

Texas redistricting negotiations have broken down, some plaintiffs' groups said Monday, as members of their fractured coalition complained that not all are being involved in talks with the state.

(snip)
But it didn't take long for the negotiations to fall apart, as hopes for an April primary grow more remote, said Luis Vera, the lawyer for the League of United Latin American Citizens.

"Negotiations went really, really bad yesterday," he said Monday. "They are dead for now."

Vera, however, said he wouldn't be surprised if some of the plaintiff groups reached some sort of agreement with Texas Attorney General Greg Abbott's lawyers. He said that he didn't want to get into specifics because the deadline for negotiating has yet to pass.

Representatives for other plaintiff groups also didn't want to speak publicly because of the delicate nature of the ongoing negotiations. But there has been some chatter among the groups that lawyers for the Mexican American Legislative Caucus and the Mexican American Legal Defense and Educational Fund, two of the main plaintiffs driving the litigation, have been talking to the state without other groups.

[sonias]

5. Settlement talk update

Texas Redistricting blog 1/30/12

Settlement talk update

By several accounts, talks between the State of Texas and redistricting plaintiffs have reached an impasse (for now). But the same sources say the situation remains fluid, and things could change very quickly, particularly with all of the key parties together in Washington on Tuesday for closing arguments in the preclearance case.

I think this post actually happened before the Statesman story that says talks have stalled.

[Gothmog]

6. The Plaintiffs are not falling for GOP divide and conquer plan

The GOP is attempting to a divide and conquer plan to pit the plaintiffs against each other. The old Will Rogers joke that "I am not a member of an organized political party, I am a Democrat" comes to mind. It seems that so far the Democrats are not falling into this trap.

Everyone involved in this case is now traveling to Washington DC for the closing arguments in the Section 5 case. The chair of the Texas GOP appears to be hoping for an April 17 primary now.

[sonias]

7. Thanks for the update Gothmog

I do hope we stay together. The Rs have usually been successful and dividing and conquering us. Glad to see that so far we are holding together.

Michael Li linked to a story in the Austin Chronicle that was very interesting:

Austin Chronicle 1/30/12
Behind Closed Doors

(snip)

...Throughout this process, LULAC and the NAACP have been very much on the same page, and have not always been in complete agreement with MALC and MALDEF.

It would not be too surprising if MALDEF backed something closer to the legislature's maps than the other plaintiffs would be comfortable with: After all, they were fine with a map that would split Travis County four ways and draw Congressman Lloyd Doggett into a Democratic primary with San Antonio's Rep. Juan Castro.

(snip)
The time crunch means the plaintiffs can dangle the equal representation terms of Section Two of the Voting Rights Act over the assembled heads of Attorney General Greg Abbott's team. However, the DC District Court is expected to rule this week on whether the legislature's maps violate the preclearance terms of Section Five of the VRA. There are undoubtedly voices in the room suggesting that the plaintiffs would be in a much stronger negotiating position – and that the state would have little legal wiggle room – if they just wait a couple more days.

(snip)
ADDENDUM: Just got an email from LULAC attorney Luis Roberto Vera, Jr. who confirmed that his clients (who are still pushing for coalition districts) are still pushing to wait for the DC ruling, and that was the stated position of all plaintiffs to the San Antonio panel before this weekend. "As to negotiations," he wrote, "they have totally broken down as of now. I am sure they will resume but I doubt an agreement if at all by this Monday so I don't expect an April 3rd election."

[Gothmog]

8. Texas GOP may be giving up on April 3 primary and now hoping for April 17

I saw a quote from the head of the Texas GOP that they are now hoping that a settlement can be reached so that the primaries can be held on April 17.

The GOP is really afraid of a split primary. For example, there is a tea party candidate in the GOP primary in the Texas 22nd with Pete Olson. Pete should win that primary in a normal election but a split primary with a low turnout could let the tea party candidate sneak by Pete.

[sonias]

9. They certainly have more to lose

Which is why I hope our coalition partners stay together. Don't let them divide and conquer us or pit us against each other.

We have to stay united.