Monday, October 31, 2011

Supreme Court: Delbert was right.

The Associated Press reported:

"The court affirmed on Monday a lower court ruling allowing state lawmakers to run in their current districts this year. The justices rejected an appeal from the Mississippi NAACP."

This was the position taken by Secretary of State Delbert Hosemann, a position opposed by the Democrats and even his own party. The Secretary of State issued a press release:

"Today (Monday, October 31, 2011), the United States Supreme Court affirmed the right of the State of Mississippi to redistrict itself in 2012 and not the federal courts.

“This means the elections we will hold next Tuesday to elect our Legislature are affirmed by the United States Supreme Court. As importantly, this means our Mississippi Constitution controls the election of our Representatives,” says Secretary of State Delbert Hosemann. “The Supreme Court has affirmed what I have long contended, we should follow the State Constitution and protect our state’s right to redistrict our legislature without federal intervention. The Constitution had a very good day.”

On May 16, 2011, a federal three-judge panel upheld, “…We agree with the Secretary of State’s position that imposition of a remedy is premature and allow the 2011 legislative elections to proceed under the present districts…”

In addition, the Memorandum Opinion and Order issued by Judges E. Grady Jolly, Tom S. Lee, and Louis Guirola, Jr., stated:


* “…The plain language of the Mississippi Constitution thus demonstrates that under State law the Legislature is not required to reapportion itself until its regular session in 2012…” Section 254 of the State Constitution states, in part, “The Legislature shall at its regular session in the second year following the 1980 decennial census and every (10) years thereafter…apportion the state in accordance with the Constitution of the State…”
* “…we are certain that it is the most respectful of all proposals to the principles of federalism, to the unchallenged laws of the State of Mississippi, to the holdings of the Supreme Court of the United States, and to the proper placement of responsibility of reapportionment—the Legislature of the State of Mississippi
.”

In other words, Delbert saved Phil.

20 comments:

Anonymous said...

So this means the next Legislature will redraw the lines, right?

Anonymous said...

Right. Just like 1991 and 1992. Next year, new legislative elections. If they can't decide, the MS Constitution has a remedy in a five-person board to draw the plan.

Anonymous said...

Attaboy, Englebert.

Anonymous said...

In other words, Delbert saved Phil.

And Latino bailed out the boneheads Hosemann hired to argue his case.

Anonymous said...

The City of Jackson only needs the representation of 3 Senators, not 5.

Anonymous said...

Delbert and the MS Tea Party (as evidenced by the amicus brief of Russ Latino and Richar Wilbourn on behlaf of the tea party) were affirmed. NAACP lost.

Wilson Sherman said...

Well that was quick. @3:45 lobs in a modern-day 3/5 compromise. Racist.

(Kidding of course.)

Anonymous said...

In other words, Delbert saved Phil.

and... Latino / Wilbourn saved Delbert....

Anonymous said...

Delbert is smart and qualified. He may be a pompous asshole, but he's still smart and qualified. Good job Delbert.

Anonymous said...

Jackson is shrinking Wilson. Do the math. The numbers (well within variance) say no more than 3 Senators. The seats need to go where the population is growing. That isn't Jackson.

Anonymous said...

How many Senate district serve solely Jackson?

Anonymous said...

Arnie Hederman & Tim Saler, take note

Shadowfax said...

Where does Hood fit into this, speaking of prosecuting family?

PS: The last think Latino did right was taking a break on Gallo right on Perez' cue.

Russ Latino said...

Appreciate that anonymous guy who hides behind silly name. Taking those cues is hard. Much harder than writing the only brief addressing jurisdiction between the time of the court entering an inclination order saying it was going to impose plans & its final order reversing course. I will say this, there was nothing wrong with the Secretary of State's attorneys. Robert Gibbs & Matt Allen did a fine job. We just took different approaches to arrive at the same point. It pays to fight for principle. Today is a good day for Mississippi and a good day for the rule of law.

Anonymous said...

Its obvious who saved the day and it wasn't Gibbs & Allen. Congrats Russ.

Anonymous said...

@ 3:19, where do you derive legislative elections next year?

Anonymous said...

I think he/she means those elected today who take office in January.

Anonymous said...

The lower Federales left the door open for post-reapportionment MS House+Senate elections again next year. Elections aren't automatic but also aren't off the table.

Anonymous said...

For sure the NAACP has the ear of Holder. Count on that. Can this be the beginning or Mississippi's second great reconstruction?

Anonymous said...

Great job to the MS. Tea Party for vigilantly watching over the House of Representatives and Senate and supporting the Conservative's that would stand firm on redistricting (several were on the edge of waffling). Congratulations Billy Hewes & Phil Bryant and others for not agreeing on the "gentlemen's" agreement with the Democrats. Thanks to Russ Latino and Richard Wilbourn for having the balls to present the Amicus brief and Delbert for reading the and acting correctly on our State Constitution! AND most of all those who put enough pressure on House Speaker Billy McCoy to retire. It is a glorious day in Mississippi that the taxpaying citizens don't have to look at his permaneant grimaced face on a day to day basis.



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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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