Texas Insider Report: AUSTIN Texas Texas Insider has learned that early Sunday morning a civil lawsuit was filed against the State of Texas for failing via the State Legislatures Congressional Redistricting requirement to uphold its responsibility to draw new Congressional Districts based upon the 2010 Census.
The lawsuit was filed in Navarro County Texas by U.S. Congressman Joe Barton & two other Texas residents.
The early morning filing of Bartons lawsuit will likely establish it as the lead case to move foreward in the Court-determined Congressional Redistricting process.
As Texas Secretary of State Hope Andrade will be the defendant represented by Texas Attorney General Greg Abbott whose position is to act as attorney for statewide elected officials in such cases.
Once Saturdays legislative deadline passed at midnight it was a foregone conclusion a lawsuit would filed thereby becoming the vehicle for eventual determination of the Congressional District maps used in next years 2012 elections.
Procedurally
13th District Court Judge James E. Lagomarsino of Corsicana Texas is likely to request from the plaintiff Congressman Barton whether or not he recommends a solution" to remedy the Texas Legislatures inaction. Should Barton submit such a proposal it would first be either accepted or rejected by Attorney General Greg Abbott prior to being acted on by the Court.
Should Abbott accept Bartons solution" as remedy to no map having been draw by the State Legislature and if Judge Lagomarsino subsequently deems the
map to be acceptable his decision out of the 13th District Court would establish the Congressional District lines under which Texas voters elect their Congressman in 2012.
An appeal of any decision by the 13th District Court regardless of outcome or direction is expected to be appealed to a Waco-based Appeals Court prior to eventually finding its way to the Texas Supreme Court in Austin.
