, 4 ,A07 Austin, Texas 78711 Office of the Governor Phone (512) 475-3021 MEMO DATE: November 19, 1981 TO: Governor William P. Clements, Jr. FROM: David Herndon, General Counsel RE: Congressional Redistricting Lawsuit - Proposed Settlement Karl Rove and I have concluded that there is nothing to be gained from a partial settlement of this lawsuit. The lawyers for the Republican Party, John Harmon and Jim George, concur. We would never be able to settle Dallas County, nor Harris County either. There is no reason to admit that part of the plan is unconstitutional when it isn't, and you get no benefit from the admission because you still have to be in court on other sections of the lawsuit. Practically, an admission of unconstitutionality would give the legisla- ture an opportunity, either in special session before the 1982 elections or in the regular session in 1983, to redraw the lines. If the legisla- ture has another chance to redistrict, Republicans probably will not fare as well as under the present plan. Do you want to talk about this in more detail with me and Karl? If you do not want to settle part of the case, may I so advise Rick Gray of the Attorney General's Office? DH:sr DAVID HERNDON General Counsel