Texas
Related: About this forumOpponents of Texas voting maps want $6M reimbursed
AUSTIN, Texas (AP) - Minority rights groups that sued over voting maps passed by the Texas Legislature in 2011 want the state to pay for a roughly $6 million legal tab.
The Republican-drawn maps were thrown out by a San Antonio federal court and never used. Groups that include the Mexican American Legislative Caucus consider that a victory and want reimbursement for the money spent fighting in court.
The San Antonio Express-News reported Monday (http://bit.ly/1eUynzI ) that Attorney General Greg Abbott sees it differently. His office argues in court filings that the request should be denied because a final ruling was never issued in the case.
A three-judge panel instead drew interim political boundaries for the 2012 elections. Gov. Rick Perry made those maps permanent this summer.
http://www.elpasotimes.com/newupdated/ci_24105024/opponents-texas-voting-maps-want-6m-reimbursed
Gothmog
(145,433 posts)Back in August, Greg Abbott filed motions not contest these fee requests on the grounds that there was never a final order in favor of the plaintiffs http://txredistricting.org/post/58978565269/state-of-texas-responds-to-fee-requests-in-texas The San Antonio court sort of gutted this position when the SA Antonio Federal Court rejected Abbott's theory that the claims related to the 2011 maps were moot http://txredistricting.org/post/60471213872/breaking-court-enters-order-in-texas-redistricting
In holding that claims about the 2011 maps were not moot, the court said:[T]he standard for determining whether a case seeking prospective relief has been mooted by the defendants voluntary conduct is whether subsequent events [make] it absolutely clear that the allegedly wrongful behavior could not be expected to recur. The heavy burden of persuading the court that the challenged conduct cannot reasonably be expected to recur lies with the party asserting mootness.
[T]here is no indication or assurance that, in the next redistricting cycle, the Texas Legislature will not engage in the same alleged conduct that Plaintiffs assert violated their rights, including removing economic engines from minority districts, dismantling coalitions, manipulating turnout among Hispanics, or engaging in other conduct that Plaintiffs allege violated their rights in connection with the 2011 plans. While Texas may have voluntarily ceased or diminished the allegedly illegal conduct, it has not conceded the illegality of the conduct and has steadfastly maintained that its actions did not violate Plaintiffs rights. The fact that the Legislature has adopted the Courts interim plans in an attempt to curb this particular litigation is no assurance that it will not engage in the same conduct in the next legislative session or any session thereafter.
The award of attorney fees is slightly different from the mootness argument but the same concepts may apply. Abbott is going to fight the award of attorney fees but I think that he should lose this fight. I hope that I am right