Last Updated: April 8, 2013 at 10:12 AM
Davis v. Perry
Case Information
Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Current Court: United States Court for the Western District of Texas (Case 5:11-cv-00788)
Issue:
Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.
Status:
District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12.
See also Perez v. Texas and Texas v. United States
District Court Documents
- Complaint
(filed 9/22/11) - Order Enjoining Implementation of Voting Changes
(filed 9/29/11) - Answer of Defendant Munisteri
(filed 10/3/11) - Motion to Dismiss of Defendant Munisteri
(filed 10/3/11) - Answer of Defendants Perry and Andrade
(filed 10/3/11) - Advisory of Defendants Perry and Andrade Regarding Interim Apportionment
(filed 10/7/11) - Plaintiffs' Brief on Remedy
(filed 10/7/11) - Order Appointing Technical Advisors
(filed 10/11/11) - Plaintiffs' Reponse Opposing Defendant Munisteri's Motion to Dismiss
(filed 10/14/11) - Advisory of Defendants Perry and Andrade Regarding Interim Map
(filed 10/17/11) - Plaintiffs' Submission of Proposed Remedial State Senate Plan
(filed 10/17/11) - Consolidation Order
(filed 10/19/11) - Plaintiffs' Advisory on Laches
(filed 10/19/11) - Defendant Munisteri's Reply to Plaintiffs' Reponse Opposing Motion to Dismiss
(filed 10/20/11) - Defendant Munisteri's Advisory to the Court on Laches
(filed 10/20/11) - Amended Answer of Defendants Perry and Andrade
(filed 10/20/11) - Motion to Dismiss of Defendants Perry and Andrade
(filed 10/21/11) - Motion to Stay Proceedings of Defendants Perry and Andrade
(filed 10/24/11) - Plaintiffs' Reponse to Texas' Proposed Remedial Plan
(filed 10/24/11) - Defendants' Objections to Plaintiffs' Proposed Plan
(filed 10/25/11) - Plaintiffs' Memorandum in Opposition to Defendants' Motion to Stay
(filed 10/26/11) - Order Denying Stay
(filed 10/27/11) - Joint Advisory Regarding Remedy Hearing
(filed 10/28/11) - Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss
(filed 10/30/11) - Order Regarding Residency and Filing Deadlines
(filed 11/4/11) - Defendants' Reply Supporting Motion to Dismiss
(filed 11/4/11) - Defendants' Motion for Summary Judgment
(filed 11/5/11)
- Advisory of Texas Democratic Party
(filed 11/9/11) - Defendants' Advisory as to Trial Date
(filed 11/9/11) - Plaintiffs' Advisory as to Trial Date
(filed 11/9/11) - Plaintiffs' Memorandum Opposing Defendants' Summary Judgment Motion
(filed 11/9/11)
- Order Postponing Trial
(filed 11/10/11) - Defendants' Advisory Regarding Deviation from Equalized District Population
(filed 11/10/11) - Plaintiffs' Advisory - Joint Senate Plan
(filed 11/11/11)
- Plaintiffs' Advisory Regarding Population Equality
(filed 11/14/11) - Order Regarding Interim Plan
(filed 11/17/11) - Plaintiffs' Advisory Regarding Proposed Interim Plan
(filed 11/18/11) - Defendants' Objections to Proposed Interim Plan
(filed 11/18/11) - Order Adopting Interim Plan
(11/23/11) - Defendants' Motion to Stay Implementation of Plan Pending Appeal
(11/23/11) - Order Denying Motion to Stay Implementation of Plan
(11/25/11) - Defendants' Notice of Appeal to United States Supreme Court
(filed 11/27/11) - Advisory of Defendant Ministeri Regarding 2012 General Primary
(filed 12/12/11) - Order of Supreme Court Granting Stay
(filed 12/16/11) - Order Concerning Residency and
General Primary
(filed 12/16/11) - Defendant Munisteri's Advisory to the Court Regarding the 2012 Primary
(filed 1/20/12) - Joint Response of Plaintiffs to Defendants' Motion for Reconsideration
(filed 1/23/12) - Defendant Munisteri's Advisory Concerning Election Timing
(filed 2/06/12) - Craig Estes' Motion for Leave to File
(filed 2/06/12) - Joint Advisory by Certain Plaintiffs on Status of Legal Challenges
(filed 2/06/12) - Defendants' Advisory Regarding Interim Redistricting Plans
(filed 2/06/12) - Order Granting Estes' Motion to Intervene
(filed 2/07/12) - Joint Advisory of Davis and LULAC Rgarding Interim Senate Plans
(filed 2/07/12) - LULAC Bench Brief Regarding Use of Election Data in Coalition and Crossover Districts
(filed 2/07/12) - Craig Estes' Intervention Complaint
(filed 2/07/12) - Senator Estes' Brief on Interim Maps
(filed 2/10/12) - Senator Estes' Proposed Findings of Fact
(filed 2/10/12) - Davis and LULAC's Proposed Findings of Fact
(filed 2/10/12) - Post Trial Brief of Davis and LULAC
(filed 2/10/12) - Reply Brief of Davis and LULAC
(filed 2/13/12) - Order Adopting Plan S172 as Interim Plan
(filed 2/28/12) - Joint Advisory Regarding Political Conventions
(filed 2/29/12) - Order Entering a Redistricting Plan
(filed 3/01/12) - Amended Order Regarding Election Schedule
(filed 3/19/12) - Order Explaining Plan S172
(filed 3/19/12) - Order on Election Schedule
(filed 3/19/12) - Order Regarding Plan S172
(filed 3/19/12) - Stipulation of Dismissal of Plaintiffs-Intervenors Estes et al
(filed 5/9/12) - Objection and Motion to Set Aside of House Candidate Idrogo
(filed 5/16/12) - Order Denying Motion to Set Aside
(filed 5/21/12) - Texas Democratic and Republican Parties' Joint Motion for Relief
(filed 6/25/12) - Court Order on 2012 Vacancies
(filed 6/26/12) - Advisory Memorandum Regarding Defendant's Motion to Dismiss
(filed 6/26/12) - Defendants' Advisory to the Court Regarding Pending Motions
(filed 7/5/12) - Court Order Adopting Interim Plan for 2012 Election
(filed 9/7/12) - Order Announcing Administrative Stay Until October 15
(filed 9/19/12) - LULAC Plaintiffs' Advisory to the Court
(filed 12/3/12) - Defendants' Advisory
(filed 12/3/12) - Defendants' Errata Notice
(filed 12/6/12)
- Order Calling for Written Advisories
(filed 2/11/13) - Unopposed Motion for Extension of Time to File Advisories
(filed 3/15/13) - Texas Democratic Party's Advisory to the Court
(filed 3/22/13) - Defendants's Advisory
(filed 3/22/13) - Davis-Veasey and LULAC Plaintiffs' Joint Advisory
(filed 3/22/13) - Advisory of Steve Munisteri
(filed 3/22/13) - Defendants' Response to March 22 Advisories
(filed 4/5/13)
Supreme Court Documents
- Emergency Application for Stay of
Interlocutory Order Pending Appeal to the US
Supreme Court
(filed 11/28/11)
- Plaintiffs' Response to Stay Request
(filed 12/1/11) - Defendants' Reply
(filed 12/3/11)
- Order Granting Stay
(filed 12/9/11) - Appellant Texas' Brief
(filed
12/21/11) - Appellee Brief of NAACP and
Congresspersons
(filed 12/21/11) - Appellee Brief of Davis, LULAC, et al
(filed 12/21/11) - Appellee Brief of TLRTF et al
(filed 12/21/11) - Joint Appendix Vol. 1
(filed 12/21/11) - Joint Appendix Vol. 2
(filed 12/21/11) - Joint Appendix Vol. 3
(filed 12/21/11) - Joint Appendix Vol. 4
(filed 12/21/11) - Joint Appendix Vol. 5
(filed 12/21/11) - Amicus Brief of Cato Institute
(filed 12/28/11) - Amicus Brief of Various States
(filed 12/28/11) - Amicus Brief of DOJ
(filed 12/28/11) - Amicus Brief of Eagle Forum Education and Legal Defense Fund
(filed 12/28/11) - Second Supplemental Joint
Appendix
(filed 1/03/12) - Reply Brief of Wendy Davis
and LULAC
(filed 1/03/12) - Reply Brief of
Appellants
(filed 1/03/12) - Reply Brief of Appellee
NAACP, Jackson-Lee, and Others
(filed 1/03/12) - Reply Brief for Texas Latino Redistricting
Task Force, MALC, and Perez
(filed 1/03/12) - Oral Argument Transcript
(filed 1/09/12) - Letter Regarding Primary
Date
(filed 1/11/12) - Supreme Court Opinion
(filed 1/20/12)


Commentary
Silence of the Lambs
Dale A. Oesterle
With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.
The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.
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