LULAC suit against Texas Democrats to proceed

Source: Houston Chronicle

Aug. 25, 2009, 10:19PM

A federal three-judge panel on Tuesday delivered a major blow to the Texas Democratic Party's so-called “Texas Two Step” process for selecting convention delegates, paving the way for its review by the Justice Department.

Describing its claims as lacking merit, the 24-page unanimous ruling denied the state Democratic Party's motion for a summary judgment, or dismissal, of a lawsuit filed by the League of United Latin American Citizens of Texas, the Mexican American Bar Association of Houston and others.

LULAC's suit charges that the “Texas Two Step” dilutes the Latino vote by awarding more delegates to “white majority districts” at the expense of Latino Democrats

<snip>

The opinion suggests the delegate selection process should be approved by the Justice Department under Section 5 of the Voting Rights Act of 1965 “because it has the potential for discrimination.” The federal panel pressed the Texas Democratic Party “to seek pre-clearance of its delegate allocation rules instead of proceeding further in this litigation.”

The Democratic Party had argued that Section 5 of the Voting Rights Act does not apply to political parties and that its First Amendment rights would be violated. The court disagreed.



Read more: http://www.chron.com/disp/story.mpl/metropolitan/6587377.html

I really don't know enough about that aspect of election law to know whether or not the TX Democratic Party has a point about Section 5 of the Voting Rights Act not applying to political parties. Generally, it has seemed to me that political parties have been allowed pretty wide leeway in how they select their candidates. However, I understand the point being argued by LULAC.

(I did kind of enjoy the whole big deal that was made about the "Texas Two Step" process last year, though- mostly 'cause it's the first time since I've been of voting age that I've seen TX Democrats very energized.)

Dammit, though, the vast majority of folks who comment on the Houston Chronicle website scare the ever-living shit out of me; I never cease to be surprised at the vomit those mouth-breathers spew...

candidate, then a caucus vote? I am not understanding how that process, in and of itself, is racially discriminatory?

of what the suit is about in a non-convoluted way, but now I'm starting to get confused about it myself! Here is a link to the district court's ruling; pages 2-4 contain a summary of what LULAC's argument is; it might be at least kind of helpful.

http://www.docstoc.com/docs/10391674/LULAC-V-Texas-Democratic-Party