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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Davis v. Perry

Case Information

Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Courts that Heard this Case: United States Court for the Western District of Texas (Case 5:11-cv-00788); United States Supreme Court (Case No. 11A521 ); US Court of Appeals for the Fifth Circuit (Case 14-50042)

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. Final Judgment filed 9/4/13. Circuit Court Order Dismissing Appeal for Lack of Jurisdiction filed 1/16/14. Amended Notice of Appeal filed 1/31/14. Appellee's Brief filed 6/9/14. Appellant's Reply Brief filed 6/25/14. Oral Argument filed 10/27/14. Opinion and Judgment filed 3/17/14. Order denying petition for rehearing en banc filed 4/14/15. Mandate issued 4/22/15.

See also Perez v. Texas and Texas v. United States

 

Fifth Circuit Court of Appeals Documents (as to attorneys' fees)

District Court Documents

Supreme Court Documents


Commentary

Edward B. Foley

North Carolina’s disputed race for governor: historical context

Edward B. Foley

Federal courts have a power to protect voting rights that they lacked until recently.

more commentary...

In the News

Daniel P. Tokaji

Donald Trump video outlines first 100 day plans

Professor Dan Tokaji was quoted on Fox28 about Donald Trump’s latest video outlining plans for his first 100 days in office.

"Take immigration for example, one of the cornerstones of the Trump campaign, not just building the wall, but reversing some of President Obama's actions on immigration, in particular the protection of the immigrant children," Tokaji said. "There will be a big backlash from the growing Latino population if he acts too aggressively on that, something that could hurt the Republican Party for decades."

more EL@M in the news...

Info & Analysis

Divided District Court Panel Finds Wisconsin Assembly Districts Unconstitutionally Drawn

In a 2-1 opinion, a District Court panel determined that the redistricting plan enacted by the Wisconsin legislature in 2011 was an unconstitutional partisan gerrymander. The court deferred its ruling as to a remedy, ordering further briefing by the parties. The case is Whitford v. Nichol.

more info & analysis...