Texas Supreme Court
Rick Perry
October 19, 200145 Tex. Sup. Ct. J. 52
Summary
The Texas Supreme Court vacated the trial court’s October 10, 2001 judgment and remanded for further proceedings, holding that the Attorney General lacks authority to compel the trial court to adopt his redistricting plan under the separation‑of‑powers doctrine and that the trial court’s adoption of a new plan without adequate notice and hearing violated the parties’ due‑course‑of‑law rights. Justice HECHT dissented, arguing the case should be decided in federal court and Plan 1065C adopted; Chief Justice PHILLIPS also dissented, asserting the Court lacks jurisdiction; Justices OWEN and RODRIGUEZ filed concurring opinions offering guidance on the remand.