Texas: Henderson's brief in the re-redistricting appeal
Richard Gladden has sent his brief in Travis County v. Perry, one of four cases the Supreme Court is considering in the Texas re-redistricting controversy. You may download the file here. I have not had a chance to read the brief yet, but it looks as though Henderson's lawyers are going down the "satisfy Justice Scalia on original intent and early-Republic history" road. Here are the major topics in the brief:
ARGUMENT................................................................... 7
Any “reasonably conceived plan” adopted by a State
legislature to alter valid congressional districts must
be supported by a legitimate and neutral regulatory
purpose that takes into account, and is justified by,
shifts or growth in population unaccounted for since
congressional districts have last been established.
I. Comparison of the Elections Clause with
Contemporaneous State Constitutional Provisions
in Effect at the Time the Elections
Clause was Adopted, on which the Framers
Purported to Model the Constitution ................ 8
II. Usage of the Elections Clause Power by the
Several State Legislatures During the First
Decade of the Republic ....................................... 19
III. The Contemporaneous Understanding of the
Temporal Scope of Redistricting Power under
the Elections Clause........................................... 24
IV. Chancellor James Kent’s View on Multiple
Intra-Census Electoral Redistricting, Given
When Construing a Redistricting Provision on
which the Elections Clause was Modeled ......... 27