Missed this over the holidays.
A Harris County Judge on Wednesday tossed a lawsuit from Republican commissioners and voters over new county maps that favor Democrats.
Judge Dedra Davis ruled in favor of Harris County, finding that Republican commissioners Jack Cagle and Tom Ramsey and three voters did not have jurisdiction to sue.
The Republicans’ attorney, Andy Taylor, indicated that he planned to appeal the ruling.
Cagle, Ramsey and the three voters filed the lawsuit against Democratic County Judge Lina Hidalgo and against Harris County last month. The suit alleged that the redistricting map proposed by Democratic Commissioner Rodney Ellis, known as the Ellis 3 plan, amounts to an unconstitutional gerrymander that would deprive more than 1.1 million voters of their right to vote.
Texas election law staggers county precinct elections every two years. All county commissioners serve four-year terms, but commissioners in even-numbered precincts and those in odd-numbered precincts take place at two-year intervals.
The next election for even-numbered precincts is in 2022. The lawsuit alleges that the Ellis 3 plan shifts more than 1.1 million voters from even-numbered precincts to odd-numbered precincts, depriving them of their right to vote until 2024.
“Plaintiffs submit that there is a very simple explanation for why this occurred,” the lawsuit reads. “Commissioner Ellis wanted to do whatever it would take to draw a new map that would create three…Democratic seats. Thus, the Ellis 3 Plan does just that.”
See here for the background. The lawsuit seemed pretty flimsy on its face, and it was dismissed without comment by District Court Judge Dedra Davis. The plaintiffs, which include Commissioners Cagle and Ramsey, and fan favorite attorney Andy Taylor, have filed a writ of mandamus with the Supreme Court in a last ditch effort to stop the new map from taking effect. The mandamus, which you can see here, makes the following claims:
- The 2020 census revealed population changes among districts that required redistricting.
- It was possible to comply with the “one man, one vote” rule by transferring 4% of the county’s population.
- But Hidalgo, Ellis and Garcia chose a plan that moved 48% and overstepped their authority.
- That plan will deprive 1.1 million people of their right to vote for commissioner in the next election and likely tip the result from Republican to Democrat in one precinct, creating a 4-1 supermajority for Democrats.
As soon as I saw that “moved 48%” of voters claim, I said to myself, where have I seen a statistic like that before? Right here:
The initial Republican proposal for redrawing Texas congressional maps calls for Harris County to once again be split into nine districts, but with major alterations to protect the region’s endangered GOP incumbents.
The shifts mean more than a million voters who live west of downtown Houston would have a different member of Congress representing them.
Ultimately, Democratic-held districts now represented by U.S. Reps. Sylvia Garcia, Sheila Jackson Lee, Al Green and Lizzie Fletcher would all become more heavily blue under the proposed map released Monday by the Texas Senate. Under the proposal, Republican U.S. Reps. Dan Crenshaw and Troy Nehls would get more like-minded voters in their districts, too.
The proposal adds a completely new congressional district in west Harris County — District 38 — designed to favor a Republican, stitched together by cutting into four existing districts.
A little back of the envelope math here, we have “more than” a million voters, in a county with just under 2.5 million registered voters, that’s over 40% of voters being put into new districts, for the express purpose of creating a new Republican district in the county and bolstering the Republican caucus in Washington. So, yeah. Cry me a river, fellas.
Re: “Judge Dedra Davis ruled in favor of Harris County, finding that Republican commissioners Jack Cagle and Tom Ramsey and three voters did not have jurisdiction to sue.”
Jurisdiction is something courts/judges have or don’t have; not parties. For parties, it would presumably be standing. If the order were posted for reference, that would clear it up.
Commissioner Cactus was the presiding judge of a Harris County County Civil Court at Law (CCCL) previously — with jurisdictiction obviously, albeit limted — but that was a while ago. Here he was a party.
Any chance this winds up in 5th circuit? They side with republicans every time regardless of the “law”
D.R.–not likely. A decision from the state supreme court could be appealed to the US Supreme Court, but not to the lower federal courts.
Kibitzer–a quick review of pleadings finds that the county filed a Plea to the Jurisdiction arguing variously
1. lack of standing
2. lack of subject matter jurisdiction
3. mootness, as the filing deadline has already passed.
The signed Order just says the Plea to the Jurisdiction is granted.
The case is Ranya Khanoyan v. Linda Hidalgo. 2021-75043 in the 270th District court of Harris Co., TX
The Plea also argues immunity from suit for the elected officials who are sued.
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