FRIVOLOUS, BUT I DON'T WANT TO BE THE ONE TO TAKE RESPONSIBILITY

Federal judge punts, sends Democrats' suit to 3-judge panel : Kazen critical of both sides in redistricting standoff (R.G. RATCLIFFE, Aug. 27, 2003, Houston Chronicle)

A federal judge told lawyers for runaway Democratic senators today that he believes their lawsuit seeking voting rights and free speech protections is all but totally frivolous, but he agreed to leave the final decision to a three-judge panel.

U.S. District Judge George P. Kazen said he believes Gov. Rick Perry and Lt. Gov. David Dewhurst's push for mid-decade congressional redistricting is wrong and a waste of taxpayer money. However, Kazen also criticized the Democratic senators for fleeing to Albuquerque, N.M., to break the Senate's quorum.

"We're almost like the Middle East. We've got these two camps over here, and it's total victory or total surrender," Kazen said.

Kazen refused to grant the Democrats' request for a restraining order to prevent the Senate sergeant-at-arms from arresting them in case there is another special session. Kazen also urged Perry not to call a session until the three-judge panel hears the Democrats' lawsuit in about two weeks.

"Let's chill out for awhile. Let's stop spending the taxpayers money for awhile," Kazen said.

The self-exiled Democrats had hoped to find a friendly judge by filing the lawsuit in Laredo. Kazen was appointed by former President Jimmy Carter. But the judge made it clear from the start of today's hearing that the only reason he was not throwing the case out was that federal case law requires voting rights questions to be answered by a three-judge panel unless the lawsuit is wholly frivolous or fictitious.

"The agreement we've made is your lawsuit is not wholly frivolous," Kazen told Renea Hicks, a lawyer representing the Democrats.

Well, if Judge Kazen weren't so gutless the issue would be dead and no more taxpayer money would be spent. He's the one who kept it alive this time. Posted by Orrin Judd at August 27, 2003 9:41 PM