BREAKING NEWS: Scalia requests response from plaintiffs
This is a significant development. It means that Justice Scalia did not deny the State’s request for a stay (nor did he grant it). He has asked the plaintiffs to respond by 4 p.m. on Thursday. It will take five justices, Scalia included, to grant a stay.
I spoke earlier with General Abbott about the state’s strategy in the redistricting case. Abbott conceded that, in normal circumstances, the granting of a stay “is not a high probability event.” However, he says that certain aspects of the case–particularly language in the dissent by Judge Jerry Smith of the Fifth Circuit–could tip the case in the State’s favor. The comments below are from my conversation with Abbott.
Smith “openly urged the Supreme Court to grant a stay.”
To this point in the case, “no court has made a finding or issued an order that has found the map(s) to violate any law in any way.”
A lower court cannot overturn or issue a remedy without concluding that a wrong occurred. The state should get a remand from the Supreme Court to the trial court. The trial court cannot create a map out of whole cloth without a finding that something wrong occurred.
The trial court dictated a remedy without finding any violation of the law, therefore usurping the will of the legislature.
Mary Ross says:
After messing up the maps this cycle, at least Burt Solomons will not be a member of the legislature in 2013!
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Anonymous says:
What is a kaw?
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paulburka Reply:
November 29th, 2011 at 10:16 am
It’s a typo for “law” that has since been corrected
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cyrus says:
there is no “will of the legislature”, since the lege’s maps legally do not exist as legislation without DoJ pre-clearance. How many times does this have to be repeated? The D.C. circuit ruled against summary judgement (and thus against de-facto clearance of the maps), and thus the San Antonio District Court was ordered to draw INTERIM maps.
Smith is standing on a legal foundation of quicksand. Scalia is throwing them a bone; Abbott is hoping to get lucky and catch Anthony Kennedy on the right day. I’d be surprised if even Roberts sides with him.
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tellinitlikeitmightbe says:
Agree.
Glad Solomons not returning. Time for more statemen & stateswomen.
Bonnie Bruce is unemployable. See you at the Division of Workers Compensation.
.
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Political Observer Reply:
November 28th, 2011 at 5:43 pm
tellinitlikeitmightbe is right. Bonnie Bruce has offended a lot of people over the years.
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Reminder Reply:
November 28th, 2011 at 6:22 pm
Bonnie Bruce is one of the best, hardworking staff at the Capitol. And she is not a public figure. Don’t pick on her here.
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paulburka Reply:
November 29th, 2011 at 10:26 am
I don’t know Bonnie Bruce, but I regard criticism of agents, as opposed to principals, as inappropriate.
Anonymous Reply:
November 28th, 2011 at 8:26 pm
I have also known her for more than 10 years. She’s smart, loyal, compassionate and deeply cares about her boss and doing the right thing. She’s also one of the hardest working people I know at the Capitol. She asks tough questions, follows up on issues, and verifies information provided to her to make sure she is giving her boss the best information for decision making purposes. Thank you Burt and Bonnie for your public service to our state!
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Bodhisattva Reply:
November 29th, 2011 at 8:58 am
D’accord!
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Raul Bostic says:
Cyrus, do you hate that pesky Texas Constitution and that pesky 10th Amdt to the U.S. Constitution?
Next time, get a law degree.
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Anonymous Reply:
November 28th, 2011 at 5:43 pm
Do you have a law degree? How is the 10th amendment in any way relevant to this?
Do you hate the US Constitution? Because Article VI, Clause 2 has a pesky thing called the Supremacy Clause that allows preclearance to be the supreme law of the land.
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Scalia's Hip Reply:
November 28th, 2011 at 5:47 pm
Note to 10thers:
Read the ENTIRE constitution… Not just the parts you agree with!
cough, cough, Commerce Clause, Necessary and Proper Clause, cough, cough
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I llbealright says:
Glad t0 see Bonnie, I mean Burt, leaving the lege.
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Chris says:
Seeing as SCOTUS generally wants to dump the Voting Rights Act (See NW Austin Municipal Utility v Holder), a stay isn’t far fetched.
[quote]
The historic accomplishments of the Voting Rights Act are undeniable, but the Act now raises serious constitutional concerns. The preclearance requirement represents an intrusion into areas of state and local responsibility that is otherwise unfamiliar to our federal system. Some of the conditions that the Court relied upon in upholding this statutory scheme in South Carolina v. Katzenbach, 383 U. S. 301 , and City of Rome v. United States, 446 U. S. 156 , have unquestionably improved. Those improvements are no doubt due in significant part to the Voting Rights Act itself, and stand as a monument to its success, but the Act imposes current burdens and must be justified by current needs. The Act also differentiates between the States in ways that may no longer be justified
[/quote]
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anonymous says:
Turn out the lights
The party’s over
They say that
All good things must end
Call it tonight
The party’s over
Do not come back Bonnie.
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Anonymous says:
Would Delwin Jones (had he not been defeated in 2010) have done any better on Redistricting than Burt Solomons did?
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Crazy Uncle says:
The voting rights act was to protect minority voters not minority parties.
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Anonymous says:
Why so much hostility toward Bonnie Bruce?
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Victim No. 7 Reply:
November 28th, 2011 at 6:09 pm
It’s a fake attack on Bonnie, gauged to make sure she receives an immediate job offer.
Very effective way to get your name out Bonnie… very Kardashian.
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Anonymous says:
Anonymous at 6:03 pm.:
Well …
Schedule a meeting with Bonnie and visit in a professional manner. (Warning: do not bring a client with you!)
See what you get. Good luck.
No time for such meeting? Then, just ask around the Capitol. You will easily discover a consensus.
Thanks for asking.
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Anonymous says:
Wow. It looks like Bonnie Bruce has pissed off a huge number of people.
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Reminder says:
To all- I posted a reply above and just scrolled down and saw the anti Bonnie stuff. STOP IT. She is not a public figure. She could have left the Capitol much earlier for more money. She is loyal and hardworking.
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Mr. Smith says:
For everyone who is happy that Burt is retiring, please understand that the guy waiting in the wings is so far to the right he makes Van Taylor seem like a Eurosocialist. BTW, so Jerry Smith by his lonesome gets to write the maps? Sure, the Supremes grant the stay, kick it to the COA, but the rest of them will defer to Judge Smith.
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Robert Morrow Reply:
November 29th, 2011 at 2:03 am
if he votes for toll roads, then he is a commie. Don’t give me this far right stuff.
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Me thinks you protest too much says:
Everyone back off Bonnie. I have personally known her for over 10 years. Yes, she was tough, hard-working, and asked tough questions. Sorry you thought your job would be a cake walk. Hope she gets a good job somewhere and continues to rain on your parade. Good luck BB!
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Anon says:
Having been before Burt Solomon’s and Bonnie Bruce on multiple issues over the past ten years, I can confidently say, they are one of the most efficient and well prepared offices in the Capitol. Whether i agree with them or not, they both know their issues and strive for the best public policy possible. They can be tough, but that is the job – if you do it right. For me, it will be a sad day when I am unable to pop in for a chat and a real policy or rules discussion. Bonnie, in my opinion, is one of the best staffers I have worked with. Thank you for your service – I look forward to working with you again.
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Boxcar Wiilie says:
Bonnie Bruce is top notch. Any chance of the possibility of Bonnie Bruce teaming up to lobby with Marshall Kenderdine?
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Reminder says:
Please do not start the Marshall blogs again! Burka please- make them stop!!!!
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hornfan says:
@paulburka- Will you please remove all negative comments about Bonnie. Bonnie does not deserve to be bashed by anyone. She has served this state well, been a huge help to new staffers, is a model staffer who will help anyone who has a question. She is tough, but she protects her boss as any good staffer would. You have stated in the past that you do not tolerate personal attacks on your blog. I hope this includes staffers.
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Anon100 Reply:
November 28th, 2011 at 9:49 pm
Amen! Well said.
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Duke Silver Reply:
November 28th, 2011 at 10:06 pm
Agreed. Bonnie doesn’t deserve this abuse. She’s one hell of a staffer and I hope she is wildly successful in whatever she pursues in the future. Finding staffers as intelligent, hard working, and keenly aware of the inner workings of the Capitol is quite a task and there aren’t many that fit the bill better than Bonnie.
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Legislative Observer Reply:
November 28th, 2011 at 11:23 pm
The sad thing, Duke Silver, is that in most cases (Solomons being a rare exception) hard work and dedication get you absolutely nowhere in remaining employed within the Texas Legislature. The vast majority of House members, and even Senators, are very abusive and calloused toward their employees. Bonnie was extremely lucky all of these years to have Solomons–most members are eager to hire only very young and very inexperienced employees, while heartlessly shunning older and more knowledgeable staffers. Worse still, some members will actually go ahead and hire a mature and experienced employee, misleading him or her into thinking that the job is permanent when, in reality, that member fully intended all along to fire that employee after the regular session of the Legislature has ended, and use some flimsy excuse about the chemistry not being quite right or whatever other lame bullshit the member can dream up as an excuse.
tellingitlikeittrulyis Reply:
November 29th, 2011 at 8:55 am
Right, Legislative Observer. Some of the most unappreciative ingrates that I have ever had to put up with have been members of the Texas Legislature.
Capitol Veteran Reply:
November 29th, 2011 at 9:42 am
And the members have only gotten worse as time has gone by. The members back in the ’70s and ’80s were angels compared with the ones we are stuck with currently and it does not matter which party they are affiliated with. Both Ds and Rs have been behaving very badly not only toward staff, but also toward lobbyists, and even each other!
Reciprocate Reply:
November 29th, 2011 at 10:13 am
So the only thing anyone is allowed to post are glowing reviews about Solomons’ staff?
If people are allowed to post how great she has been to work with, why can’t others post their different experiences with her?
I have no opinions about her myself. All I’m saying is that the door swings both ways.
In the end, it’s Burka’s call to make.
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Jerry Only Reply:
November 29th, 2011 at 12:21 pm
this is looking to me like bonnie got all of her pals out to take over burkas blog post.
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Kenneth D. Franks says:
The will of the legislature was to ignore minority population growth and increase Republican representation in all districts. A wrong did occur when the Republicans gerrymandered districts by ignoring minority population growth and tried to win the elections by legislation and not by fair redistricting.
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houtopia says:
Weren’t the three-judge panel’s decisions on the Congressional and Senate maps unanimous? I thought only the State House map was the issue.
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Richard Evans says:
Wow, I thought being loyal to your boss and an expert on complicated public policy issues were positive attributes for a legislative staffer. Guess those lobbyists that went in to meet with Rep. Solomons or Bonnie unprepared and with lame ass arguments still feel a little stung? Here’s a tip- do your damn job and stop bitching about the staffers that hand you your hat when you don’t do your homework.
Meet me on the corner of 10th and Congress if this offends you, I’ll be happy to straighten you out.
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Anonymous Reply:
November 29th, 2011 at 8:25 am
Well said Richard. I think anyone in the Lobby who is bashing Bonnie Bruce sees her as a threat.
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Jerry Only Reply:
November 29th, 2011 at 7:58 pm
actually looks like most of the bitching thats gone on here is the butthurt bonnie bruce lobby.
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Anon100 says:
If this was Facebook, I would “Like” this comment! Bonnie Bruce rocks. The State of Texas was lucky to have her.
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Former Staffer and former Lobbyist Reply:
November 28th, 2011 at 11:55 pm
Amen. Brother Richard speaks the truth.
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Ironic isn't it? says:
Isn’t it ironic how a staffer who is experienced, dependable, and dedicated is loathed, while staff who never worked in the Capitol previously, who is incompetent and unproductive, inspires great affection?
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Robert Morrow says:
It is fascinating watch this redistricting case unfold, and the blowback that is ensuing.
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BackUpMembers Reply:
November 29th, 2011 at 4:38 am
I bet this is the beginning of the end for the VRA.
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Blue Reply:
November 29th, 2011 at 8:07 am
Hopefully it is.
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Republican Patriot says:
Republicans reauthorized the Voting Rights Act in 2006. Now they have to deal with the consequences. Requesting additional briefing does not mean a stay will be granted. The court requested additional briefing during mid-decade redistricting and denied the plaintiffs request for an emergency stay. The legal brief submitted by Abbott opposing the stay back then will be used
against him.
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Blue Reply:
November 29th, 2011 at 8:08 am
I agree with this. They were idiots not to defang it when they had the chance.
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JohnBernardBooks says:
Democrats need to face reality. Even Barney Frank is now unelectable.
Radicals have hijacked the party and voters aren’t buying the “we’re for the little people”. As Princess Nancy and her court use insider trading to stuff their pockets.
Reagan said it best, “I didn’t leave the democrat party they left me”.
The chickens have come home to roost and even judicial gerrymandering by activist jusges and their (D)sis-in-law won’t stop the trainwreck.
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Kenneth D. Franks says:
It’s Democratic Party and if radicals had hijacked the party why would Barny Frank be unelectable? He’s a liberal. His district was redistricted two years before he was going to retire anyway. Nancy is not a Princess and the Republicans were the ones who gerrymandered the districts this year ignoring minority growth and simply overreached in another power grab. Democrats want judges who will follow the constitution and precedents of the law. Right wing Republicans are the ones who want activist judges to rule in their favor whether it is a constitutional ruling or not.
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Blue Reply:
November 29th, 2011 at 8:43 am
You know, I’m really curious when this “right-wing activist judge” frame was created.
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Col. Mike Kirby Reply:
November 29th, 2011 at 9:34 am
1954
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Tim Reply:
November 29th, 2011 at 10:07 am
Also got very popular in 2001 when they elected a president.
Jed Reply:
November 29th, 2011 at 2:30 pm
CJ John Marshall and Marbury v. Madison.
FTW.
Blue Reply:
November 29th, 2011 at 4:44 pm
I think a couple of posts missed the “right” word.
In any event, it is a clumsy phrasing and intellectually dishonest as well.
Col. Mike Kirby Reply:
November 29th, 2011 at 9:36 am
You really can’t be expecting anything like logic or common sense coming from jbb, can you??
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cyrus says:
from Michael Li, who has done by far the best & most comprehensive reporting on redistricting for the last few months – http://txredistricting.org/
[quote]In his interview with the Tribune, Abbott says that even if the Supreme Court refuses to grant a stay that he will aggressively pursue the preclearance case in D.C. as a second avenue for throwing out the interim maps and forcing the San Antonio panel to draw new ones.
It’s not entirely clear how that squares with the position he is taking in the Supreme Court, where he is arguing that a failure to stay the maps would effectively end the case.
Indeed, a requirement of a stay is a showing of ‘irreparable’ harm – something Abbott seemingly undercuts his case for by arguing to the press that he has a viable second path for getting what he wants.
It’s a tricky needle for Abbott to thread in other ways as well. As support for his stay request, Abbott’s Supreme Court brief cites to a portion of Judge Smith’s dissent where he talks about how the case would be over because the interim maps would become the new benchmark for measuring retrogression- presumably the exact opposite of the position Abbott would want to take before the D.C. court.”[/quote]
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Texas Ex says:
Why do all these Republicans keep yammering about “usurping the will of the legislature”?
Do they not realize that the Voting Right Act is a piece of legislation?
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linda says:
Abbott (acting not for Texas but for the Repugs) will appeal whenever and wherever he can until he gets what he (they) want. It’s like the Donna Howard recount- keep trying until you can fix the election results. Fortunately it didn’t work and Donna was declared the winner- again.
If one court doesn’t rule for the Republican district plan, Abbott will just look for another one. Sore losers.
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Anonymous Reply:
November 29th, 2011 at 3:47 pm
Linda, what is a “Repug?” I’d like to thank you for lowering the discourse down to a sixth grade level.
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1990Midland says:
Some of us in the State don’t have any sympathy for these current redistricting complaints.
In the 1990s Democratic legislators and multiple courts found it OK to split the City of Midland into three congressional districts (four if you count an unpopulated part of the City). I heard many of these same plaintiffs argue that Midland was better represented because it had the ears of three congressmen instead of one.
Rural and Medium sized towns in West Texas lived with what the opposition controlled legislature dished out for over a decade. Minority, Majority, Rich, Poor all had their voices quashed. It is happening again as judges are having to make large scale changes in rural areas to balance urban neighborhoods being shifted around to meet some political end with racial overtones.
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Crazy Uncle says:
The increase in the number and influence of staff is directly proportional to the decrease in civility and access to members especially Senators.
The fact that a staff person is such a large topic of discussion pro and con is an indication of staff playing too large a role in the process.
Important information on legislation is filtered through the staff and too often leaves the member dangerously uninformed.
Too much of the staff is seeking lucrative lobby jobs and are more influenced by lobbyist as the don’t have the pressure of a constituency.
The elected official is the best friend we have in government not staff and especially not the bureaucracy.
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Pat Reply:
November 29th, 2011 at 2:08 pm
Can anybody name a set of Texas maps that, since the 1971 session, have withstood VRA scrutiny?
I don’t recall what happened in 1981 or 1971. Thanks for the help.
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Anonymous says:
Dear Pat,
Ask “tough” Bonnie Bruce, as staff expert for those maps.
No expert there, while the court carnage in the wake of Team Solomons continues. Minority voting rights and common sense for our rights be damned bc thin & weak Lobbyist Richard Evans is gonna beat you up because Evans still has biz before Burt (see long, long, long Medtronic history before Solomons & Work Comp) if you object!
LOL!
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Berated Constituent says:
I’ll say this of the staffer in question. As “tough” and “smart” as many of you allege she may be, she wouldn’t last a day at my company or any private sector company. That kind of treatment of human beings simply isn’t tolerated outside of the public sector.
It has nothing to do with coming into her office prepared. All the logic in the world makes not a bit of difference to her. Simple case of someone who believes herself to be “powerful”.
See ya on Monster.com! Good luck!
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Filled With Hope says:
Hopefully, Bonnie will crawl under some rock and disappear from the halls of the Capitol. She was very arrogant toward many people for a very long time. One House Member who was on the receiving end of Bonnie’s stunnning arrogance several years ago speculated that Bonnie must have witnessed Solomons murdering someone and knows where that body is buried.
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Darn says:
I hear that Donna Campbell has chosen Bonnie Bruce for the position of Campbell’s Chief of Staff. Uggh.
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