OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Northwest Austin Municipal Utility District Number One v. Gonzales

Case Information

Date Filed / Ended: August 4, 2006 / November 3, 2009
State: Texas
Issue: Voting Rights Act
Courts that Heard this Case: United States District Court, District of Columbia (Case 1:06-cv-01384-PLF-EGS); United States Supreme Court (Case 08-322)

Issue:

Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements.

Status:

A juridictional statement was filed on 9/4/08.  An amicus brief was filed by the Mountain States Legal Foundation on 10/10/08.  Motion to affirm filed by Appellee 11/26/08. Oral Arguments set for 4/29/09. Appellant's Reply filed 4/15. Judgement Reversed and Case Remanded on 6/22/09.  Consent Judgment and Decree 11/3/09.

U.S. Supreme Court Documents

District Court Documents

Related Documents

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

more commentary...

In the News

Edward B. Foley

White House drops Obama-era discrimination claim against Texas voter ID law

Professor Edward Foley was quoted in The Christian Science Monitor in an article about how the Trump administration dropped a discrimination claim against a Texas voter ID law. Viewed as one of the strictest voting requirements in the country by voting rights advocates, the law required voters to show one of seven valid forms of ID.

A federal appeals court ruled last year that the law disproportionately impacted minorities and those living in poverty. The court required the state to adjust its requirements before the general election. According to court testimony, Hispanic voters were twice as likely to lack proper ID under the law, while black voters were three times as likely.

“Voting litigation is increasing, not decreasing,” Foley said. “The main impression … is that when a law looks like it’s engaging in outright disenfranchisement of a valid voter, even conservative judges have been stopping that. [But] the judiciary is more tolerant with state legislatures adjusting issues of convenience and accessibility, if the adjustment is not outright disenfranchisement.”
 

more EL@M in the news...

Info & Analysis

District Judge Dismisses Georgia Voter Rolls Case

In an order released late Friday, U.S. District Judge Timothy Batten dismissed a lawsuit filed against Georgia\'s Secretary of State by the advocacy organization Common Cause, which alleged that Georgia unlawfully removed voters from registration lists preceding the 2016 Presidential election. The case is Common Cause v. Kemp.

more info & analysis...