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10/16/2003 - Hispanic rights group files suit to block state redistricting effort

Thursday, October 16, 2003

AUSTIN (AP) — A prominent Hispanic legal rights group has jumped into the court fight over the state's newly enacted Republican congressional map, claiming it does not create enough Latino districts.

The Mexican American Legal Defense and Education al Fund filed a lawsuit Tuesday in federal court in Vic toria on behalf of the Amer ican GI Forum of Texas. At least two other legal challenges have been filed since the Legislature gave final approval Sunday to the new congressional districts.

"The newly enacted congressional redistricting plan for Texas does not accurately reflect Latino voting strength in the year 2003," said Nina Perales, MALDEF regional counsel and lead attorney in the group's court case.

Although the Republican plan "purports to create an additional Latino majority district in South Texas, in fact it eliminates one district and adds another, with no net increase in electoral opportunity," Perales said. If Texas is going to redistrict, Perales said, the result should be an increase in the number of Hispanic districts, particularly in South Texas and Dallas.

But Republicans contend that it creates a new Hispanic district and a new black district.

Texas Attorney General Greg Abbott expects the Legislature's plan to be upheld in court, said his spokeswoman, Angela Hale.

U.S. House Majority Leader Tom DeLay, who helped Rep ublican state legislators reach an agreement on their plan, said Wednesday in Washington that minority rights are protected under the new map. "The plan has been written with extensive consultations with lawyers and experts," he said.

Republican Gov. Rick Perry called three special sessions to get redistricting accomplish ed. He signed the redistricting bill into law Monday.

Democrats and leaders of minority groups are gathering in Washington today to launch an online petition asking that U.S. Attorney General John Ashcroft ensure that Republi can appointees do not interfere with the Justice Depart ment's review of the Texas map.

Meanwhile, some Demo crats are asking a federal court in Tyler to stop the state from implementing the new plan for the 2004 election cycle. Another group of Demo crats has asked U.S. District Judge John T. Ward in Mar shall to issue a temporary re straining order to prohibit changing the districts. One of the plaintiffs, Rusk City Coun cilman Walter Session, said the new plan hurts the representation of black Texans.

It is difficult to predict whether some of the cases will be consolidated or dismissed or to say how fast they'll move through the courts, Perales said.

"Sometimes these things drag on for months and sometimes they just go like greased lightning," she said.

Republicans wanted a new congressional map to reflect the state's conservative voting trends and to give the GOP the edge in the state's congressional delegation. Democrats control the delegation 17-15 and fought to keep existing districts. The GOP could gain as many as seven seats under the new map.

Republicans clearly are pleased.

Asked whether the redistricting fight left a bad taste in his mouth, Perry said Wednesday: "My taste is sweet in my mouth. ... I think I can tell my friends on both sides of the aisle redistricting was something that constitutionally we're required to do."

DeLay, asked if he had discussed redistricting with President Bush and presidential adviser Karl Rove this week during a meeting, said, "They just congratulated Texas."

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