Three Judge Court Moves Quickly to Establish Remedy for VRA Violation in the Texas Case

Here is the order, inviting the parties to submit remedial proposals, including maps and briefs in support of the proposals (presumably debating issues of the timing of the remedy as well, given that the primaries have already taken place). Oral argument will take place on August 3.

Remember that in 1996 a three-judge court threw out the results of already-held primaries on grounds there was an unconstitutional racial gerrymander found by the Supreme Court. If I recall correctly, the three-judge court held the primary the same day as the general election with runoffs in December. (My memory may be faulty on this.)

UPDATE: Richard Winger writes:

Rick Hasen's memory about Texas 1996 is correct. The 3-judge district court in 1996 redrew the boundaries on August 6, and ordered free-for-all non-partisan primaries for November 5, 1996, in all the districts with new boundaries. If no one got 50%, there was a run-off on Dec. 10, 1996. New candidates were able to enter the race. This means, if the new maps alter Tom Delay's 22nd district boundaries, the Republican problem in that
district would be solved, since new candidates could enter.

Posted by Rick Hasen at June 29, 2006 11:37 AM