recognizing that the court has previously allowed parties to seek mandamus relief when they did not first present a request to the trial court because the demand would otherwise be futile (citing Stoner v. Massey, 586 S.W.2d 843 (Tex. 1979) (orig. proceeding
How later courts described this case
- recognizing that the court has previously allowed parties to seek mandamus relief when they did not first present a request to the trial court because the demand would otherwise be futile (citing Stoner v. Massey, 586 S.W.2d 843 (Tex. 1979) (orig. proceeding
- holding that Attorney General’s "broad discretionary power” includes authority to settle actions contesting constitutionality of statutes
- holding that as a general rule mandamus is not available to compel an action which has not first been demanded and refused
- stating that mandamus will generally not lie to compel action that has not first been demanded and refused
Written by the judges who cited it.
The opinion
GONZALEZ, Justice,
concurring.
I join Justice Hecht’s opinion on rehearing but write separately to observe that Justices Mauzy and Doggett mis-character-ized the redistricting “mess” as a three-ring circus with federal judges “taming the legislative lion.” Dissenting Opinion at 757. With all due respect, the three-judge federal district court, like a 1000-pound gorilla, needed no excuse to do what it has done or what it may do in the future. Our prior opinions in this case did not open the “cage.” The cage was opened when Texas joined the Union.
The Supremacy Clause of the United States Constitution provides that the Constitution and laws of the United States “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby_” U.S. Const, art. VI, cl. 2. Therefore, anything we do or say is irrelevant as to whether the legislative plan or the “federal” plan ultimately will govern the upcoming elections. The outcome now rests with the United States Supreme Court. I hope that the Court, in the interest of comity and deference to the Legislature, will permit the upcoming elections to go forward under the plan adopted by the Texas Legislature in its recent special session.