Burnt Orange Report

To the Courts - Dewhurst, Dems file suit

By Byron LaMasters

Two lawsuits have been filed today. The first was by the Democratic senators in the Travis County (Austin) district court. They asked that the court not allow the Dewhurst arrest senators if they returned to Texas. Perry and Dewhurst countered by filing a suit at the Texas Supreme Court asking for the power to enforce sanctions on the absent senators. The Austin American Statesman reports:

Gov. Rick Perry and Lt. Gov. David Dewhurst have asked the Texas Supreme Court to rule that the 11 Senate Democrats boycotting the special session "are acting contrary to their duties under the Texas constitution and Texas Senate rules."

The court filing by the Republican leaders came a few hours after Democrats filed their own lawsuit in Travis County district court. They asked a judge there to rule that Perry did not have the power to call a special session on congressional redistricting and asked for a ruling that Senate leaders cannot have the boycotting lawmakers arrested if they return to Texas.

Perry and Dewhurst's lawsuit asks the Supreme Court to order the 11 Democrats to return to work and to impose sanctions if they don't.

"Today, I joined Lt. Gov. David Dewhurst in a move designed to resume work on the critical issues facing our state," Perry said in a statement. "The people of Texas should know that this decision was a difficult one, but one that's now necessary because of the refusal of 11 senators to fulfill their legislative responsibilities. This action is an attempt to protect our constitution and prevent a handful of legislators from misusing Senate rules to bring government to a halt."

[...]

The Democrats' lawsuit alleges that Perry has no authority to call a special legislative session on congressional redistricting because the constitution limits that power to "extraordinary occasions."

The senators claim there is no "extraordinary occasion" because the state has a legal congressional map drawn by federal judges and approved by the U.S. Supreme Court. The map is valid through the 2010 Census.

"There is no illegality to remedy in the present situation," according to the lawsuit.

[...]

The lawsuit also contends that any attempt by the state Department of Public Safety to arrest the boycotting senators should be prohibited under a recent court decision, which said House officials could not use DPS officials to arrest their members.

Also in the news today, was the offer by senate Democrats to meet with their Republican colleagues in New Mexico on Monday. Republicans complained that the two Republicans that traveled to New Mexico yesterday weren't treated with respect. It probably would have helped if they had notified the Democrats that they were coming:

In addition to filing their lawsuit, the Democrats invited Senate Republicans to a meeting in New Mexico on Monday. Two Senate Republicans had traveled to Albuquerque on Wednesday and met with three Democrats for about an hour.

Dewhurst complained that the two lawmakers were not treated with the respect members of the Senate deserve. They waited several hours before the meeting and were not allowed to meet with all 11 Democrats.

Details about the Monday meeting have not been ironed out.