1. Help
2. Campus map
3. Find people
4. Webmail
5. Search Ohio State

• About
  EL@M
  • About Us
  • Experts by Topic
• Faculty
  • Edward B. "Ned" Foley
  • Daniel P. Tokaji
  • Terri L. Enns
  • Steven F. Huefner
  • Donald B. Tobin
  • EL@M Fellows
  • EL@M Staff
  • Experts by Topic
• Election Law
  Litigation
  • Major Pending Cases
  • Archived Cases
• Current
  Features
  • News Wire
  • Key Questions for Key States
  • Compare State Election Laws
  • State-Specific Election Laws
  • State-by-State Coverage
  • Topic-by-Topic Coverage
  • Voting Machine Issues Nationwide (2008)
  • From Registration to Recounts (Book)
  • Major Election Law Reports
  • Equal Vote
  • Free & Fair
  • Featured Comments
• Archived
  Features
  • 50 Questions for 5 Key States
  • 2008 Pre-Election Litigation Risk Assessment
  • 2008 Primary Post-Election Timeline
  • Voter ID Litigation Nationwide
  • 2006 Election Overview
  • 2006 Recount Roundup
  • 2006 Ohio Primary Problems
  • 2006 Voting Technology Nationwide
  • 2006 Election Podcasts
  • Electronic Roundtable '06
  • Ohio Voter Registration Regulations
  • e-Book
  • Past Case Decisions
  • 2005 Redistricting Developments
• Biweekly
  Update
  • Subscribe
• Related
  Links
• McCain v.
  Obama
• Free & Fair
  (Foley)
• A Joint Project with
  the Moritz Law Library
• Media

LULAC of Texas v. State of Texas

(page last updated November 6, 2009 at 11:15 AM)

Case Information

Current Court: U.S. Court of Appeals for the 5th Circuit (Case 08-50581)
All Courts: U.S. District Court for the Western District of Texas (Case 5:08-cv-00389); U.S. Court of Appeals for the 5th Circuit (Case 08-50581)
Topic(s): Selection of Presidential Electors, Vote Dillution
State: Texas
Date Filed: May 9, 2008

Issue:

Whether the Texas Democratic Primary process unlawfully undervalues the votes of Latino voters.

Status:

Notice of Appeal to the U.S. Court of Appeals (5th Circuit) filed 6/9/08.  Appellant filed brief on 7/30/08.  Appellee filed briefs on 8/26/08 and 9/15/08.  Reply brief filed by Appellant on 9/30/08.  Oral Argument scheduled for 2/2/09 on 12/16/08. Oral Argument heard 2/4/09. Judgment entered and filed 2/17/09.  Mandate issued 3/11/09.

Appellate Court Documents

• Civil rights case docketed (6/12/08)
• Notice received from District Court, ROA certified. (filed 6/17/08)
• Briefing notice issued. A/Pet's Brief due on 7/28/08. (filed 6/17/08)
• Appellant's Brief filed by Appellant LULAC of Texas (filed 7/30/08)
• Record excerpts filed by Appellant (filed 7/30/08)
• Appellee's Brief filed by Appellee TX Democratic Party (filed 8/26/08)
• Record on appeal filed (filed 9/8/08)
• Appellee's Brief filed by Appellee Texas (filed 9/15/08)
• Reply brief filed by Appellant LULAC of Texas (filed 9/30/08)
• Case tentatively calendared for oral argument the week of 2/2/09 (entered 11/21/08)
• Case calendared for oral argument (entered 12/16/08)
• Oral Argument Heard (2/4/09)
• Unpublished Opinion Filed (entered 2/17/09)
• Judgment Entered and Filed (entered 2/17/09)
• Mandate Issued (entered 3/11/09)

District Court Documents

• Complaint (filed 5/9/08)
  • Exhibit 1
  • Civil Cover Sheet
• Summons Issued as to State of Texas, Texas Democratic Party (filed 5/9/08)
• MOTION for Preliminary Injunction (filed 5/14/08)
  • Proposed Order
• MOTION to Dismiss by Texas Democratic Party (filed 5/15/08)
  • Proposed Order
• BRIEF regarding MOTION to Dismiss by Texas Democratic Party (filed 5/15/08)
  • Exhibits A&B, C, D, E, F, G, and H
• MOTION to Dismiss With Brief in Support by State of Texas (filed 5/15/08)
  • Addenda 1, 2, 3, 4, and 5
  • Proposed Order
• MOTION for Leave to Exceed Page Limitation by Texas Democratic Party (filed 5/16/08)
  • Proposed Order
• ORDER AND ADVISORY cancelling hearing re MOTION for Preliminary Injunction (entered 5/16/08)
• Response to [Defendant Texas Democratic Party's] Motion to Dismiss (filed 5/19/08)
• Response to [Defendant State of Texas'] Motion to Dismiss (filed 5/19/08)
• Response to Motion for Preliminary Injunction (filed 5/19/08)
  • Proposed Order
• ORDER GRANTING Motion for Leave to File Excess Pages (filed 5/20/08)
• REPLY to Response to Motion to Dismiss (filed 5/20/08)
  • Proposed Order
• REPLY to Response to Motion for Preliminary Injunction (filed 5/21/08)
• ORDER ON PLAINTIFF'S REQUEST TO ENJOIN AND DELAY 2008 TEXAS DEMOCRATIC CONVENTION DENYING Motion for Temporary Injunction; GRANTING Motion to Dismiss (entered 5/22/08)
• JUDGMENT Signed by Judge Fred Biery (entered 5/22/08)
• MOTION to Intervene by Texas State Conference of NAACP Branches (entered 5/22/08)
• Memorandum in Support of MOTION to Intervene by Texas State Conference of NAACP Branches (entered 5/22/08)
• PLEA OF INTERVENTION by Texas State Conference of NAACP Branches re Memorandum in Support, MOTION to Intervene (entered 5/22/08)
• NOTICE OF APPEAL (Entered: 06/09/2008)
• SUPPLEMENTATION OF THE RECORD. ORDER TERMINATING Motion to Intervene. (Entered: 06/12/2008)
• Certified Record on Appeal. E-mailed on 6/13/08 to US Court of Appeals (Entered: 06/13/2008)

Related Links

• LULAC sued Texas Democratic Party over primary delegates, El Paso Times, 5/9/08

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391 | (614) 292-2631