Redistricting Lawsuit Dismissed by Ellis-Backed Judge
A lawsuit by Harris County Precinct 3 Commissioner Tom Ramsey, Precinct 4 Commissioner Jack Cagle and their supporters that sought to overturn a redistricting plan devised by Precinct 1 Commissioner Rodney Ellis has been dismissed by an Ellis-backed judge, Dedra Davis.
Details of Redistricting Plan
The Ellis redistricting plan swapped the numbers of Precincts 3 and 4. It also redrew the boundaries of Precincts 3 and 4 so that Ramsey’s home and Cagle’s home changed precincts. The Ellis plan has two immediate effects.
- It forces Cagle and Ramsey, both Republicans, to run in each others’ precincts because commissioners must live in the precincts they represent.
- The number swap will deny voters in the new precinct 3 the right to vote for commissioner in the next election. That’s because only even-numbered precincts will vote in the next election cycle for commissioners. So the Lake Houston Area will not be able to vote for commissioners next year as it normally would have.
In addition, the plan redraws boundaries of the new Precinct 4 so that it becomes more Democratic. That jeopardizes Cagle’s chances of re-election and could shift the balance of power in Commissioners Court. Four Democrats could create a super-majority, enabling them to raise taxes at will.
A supermajority could also have far reaching consequences for flood mitigation by enabling Democrats to shift funds between watersheds as Adrian Garcia already tried to do.
TRO Denied, Then Lawsuit Dismissed on Plea to Jurisdiction
The plaintiffs sought a temporary restraining order (TRO) to block preparations for redistricting until the lawsuit could be resolved.
Judge Brittanye Morris (acting as an ancillary judge for Davis) denied the TRO on November 29 without explanation.
Hidalgo then filed a Plea to the Jurisdiction on December 13. In it, she pled that:
- Plaintiffs lacked standing to bring the claims
- She enjoyed sovereign (governmental) immunity
- Plaintiffs did not plead a constitutionally valid claim
- She was acting within her powers.
Yesterday, December 22, 2021, Judge Dedra Davis of the 270th District Court upheld Hidalgo’s plea to the jurisdiction and dismissed the lawsuit.
Judge Davis, who was supported in her election bid by Rodney Ellis, a key player in this drama, did not recuse herself. Nor did she cite any reasons for dismissing the case in her terse ruling.
Stage Set for Appeal
A spokesperson for Commissioner Jack Cagle’s office responded that the plaintiffs intend to file an appeal. However, because of the holidays, no other details were immediately available.
Posted by Bob Rehak on 12/23/2021
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