Friday, December 9, 2011

SCOTUS Grants Stay On Lower Courts' Redrawn Redistricting Maps

Developing Story...

The Supreme Court of the United States late today threw a wrench into Texas' Democratic and Republican Primary Election and County Convention schedule.

Texas Attorney General Greg Abbott's applications for stay of the lower courts' redrawn redistricting maps presented to Justice Scalia and by him referred to the Court are granted until the court hears oral arguments:

It is ordered that the orders issued by the United States District Court for the Western District of Texas on November 23, 2011, in case Nos. 5:11-CV-360, and 5:11-CV-788, and the order of November 26, 2011, in case No. 5:11-CV-360, are hereby stayed pending further order of the Court.

The stay blocks the court-drawn maps for legislative and congressional districts in Texas, telling the lawyers involved to be ready for oral arguments on Monday, January 9, 2012.

The state asked the court for a stay on maps for congressional, Texas House and Texas Senate maps. The court's order asks for briefs from the lawyers by December 21, replies by January 3.

Candidates are already filing for office, working against a Thursday, December 15 deadline. Since the stay leaves no defined districts for which to file, that deadline is probably now meaningless, at least for the congressional and state legislative candidates. The current district maps could be replaced with different district maps, if they are redrawn after the Supreme Court rules.

In its request for a stay, the state suggested the congressional and legislative primaries could be delayed from March 6 to May 22. The other primaries — for President, U.S. Senate, and so on — will remain in March. Texas could decide to have split primary elections, or possibly to move the entire election to May 22. The Democratic and Republican county and senate district conventions, originally scheduled for late March, as follow up to the election on March 6, will also have to be rescheduled to possibly early to mid May 2012. Moving the county and senate district conventions to mid May would in turn impact the Democratic Party's state convention scheduled to start on July 8, 2012.

More analysis @ SCOTUSblog

Order of the court:

SUPREME COURT OF THE UNITED STATES
FRIDAY, DECEMBER 9, 2011
APPEALS – JURISDICTION NOTED
PERRY, GOV. OF TX, ET AL. V. PEREZ, SHANNON, ET AL.
PERRY, GOV. OF TX, ET AL. V. DAVIS, WENDY, ET AL.
PERRY, GOV. OF TX, ET AL. V. PEREZ, SHANNON, ET AL.

The applications for stay presented to Justice Scalia and by him referred to the Court are granted, and it is ordered that the orders issued by the United States District Court for the Western District of Texas on November 23, 2011, in case Nos. 5:11-CV-360, and 5:11-CV-788, and the order of November 26, 2011, in case No. 5:11-CV-360, are hereby stayed pending further order of the Court. In addition, the applications for stay are treated as jurisdictional statements, and in each case probable jurisdiction is noted. The cases are consolidated and a total of one hour is allotted for oral argument. The briefs of appellants and appellees, not to exceed 15,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, December 21, 2011. Reply briefs, not to exceed 15,000 words, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Tuesday, January 3, 2012. The cases are set for oral argument on Monday, January 9, 2012, at 1 p.m.

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