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Election Law @ Moritz

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Litigation

 

 

Perez v. Texas

Case Information

Date Filed: May 9, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Current Court: US District Court for the Western District of Texas (Case 5:11-cv-00360)

Issue:

Whether Texas' redistricting plan violates the Constitution because it does not make a good faith effort to maintain population equality and treats inmates as residents of the counties in which they are incarcerated.

Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court's order pending oral argument scheduled 1/9/11. Election Scheduling Order filed 3/19/12. Interim plan for 2012 Elections entered 9/7/12. Stay denied by Supreme Court 10/3/12. Order granting motion to dismiss defendants Strauss and Dewhurst filed 11/27/13. Defendants' Motion to Modify Legislative Privilege Order filed 12/6/13. Order denying Motion to Modify Legislative Privilege Order filed 1/8/14. Plaintiffs' Sixth Amended Complaint filed 2/25/14. Defendants' Answer filed 2/28/14. Defendants' Motion for Sanctions filed 4/14/14. United States' Motion to Compel the Production of Legislative Documents filed 4/16/14. Notice of Withdrawal of Motion for Sanctions filed 4/16/14. Order granting in part, denying in part Motion to Compel filed 5/6/14. Defendants' Motion to Dismiss filed 5/14/14. Defendants' Motion for Summary Judgment filed 5/14/14. Order denying Motion for Reconsideration filed 5/20/14. Defendants' Second Motion for Sanctions against LULAC filed 5/21/14. Defendants' Motion for Protective filed 5/23/14. Quesada Plaintiffs' Motion to Compel Discovery filed 5/27/14. Order granting Motion for Protective Order filed 5/20/14. Task Force and MALC's Motion for Protective Order filed 5/30/14. Order granting Motion to Compel Testimony filed 6/2/14. Order granting in part and denying in part Motion to Compel filed 6/5/14. Order granting in part and denying in part Motion to Dismiss filed 6/17/14. Order denying Motion for Reconsideration filed 6/18/14. Order granting United States' Motion for Judicial Notice in part filed 6/20/14. United States' Motion to Compel the Production of Documents filed 6/23/14. Order that Summary Judgment granted for 15th amendment claims filed 6/23/14. Order granting in part and denying in part Motion to Compel filed 7/914. Order granting in part and denying in party Motion to Exclude filed 7/9/14. Order granting in part and denying in part Motion to Compel filed 7/11/14. Defendants' Motion for Judicial Notice filed 7/19/14. Oral Order withdrawing Motion for Discovery, granting Motion to file Sealed Document, and granting Motion for Judicial filed 7/19/14. NAACP's Trial Brief, Defendant's Trial Brief, MALC's Trial Brief,  United States' Trial Brief, and Task Force's Trial Brief  filed 7/25/14. Perez Plaintiff's Post Trial Brief filed 10/21/14. Plaintiffs' Supplemental Memorandum filed 4/20/15. Defendant's Response to Briefs filed 5/4/15. Motionfor Preliminary Injunction by Debbie Allen et al filed 10/14/15. Order denying preliminary injunction filed 11/16/15.

See also Davis v. Perry and Texas v. United States

 

District Court Documents

Supreme Court Documents

Commentary

Daniel P. Tokaji

Is Ted Cruz Eligible to Be President? Letís Find Out

Daniel P. Tokaji

Donald Trump has revived the question whether Senator Ted Cruz is ineligible to serve as President due to his birth in Canada. The issue cries out for judicial resolution, but there are constitutional and prudential obstacles to a federal court deciding it.  This comment argues that the most promising avenue  is a state court lawsuit challenging Senator Cruz’s eligibility and seeking his removal from the primary ballot. There’s at least one state – Pennsylvania – where the deadline for filing hasn’t yet expired, but if skeptics of Cruz’s eligibility want to sue there they must act quickly, no later than Tuesday. Litigating the case through state court would tee up the issue for Supreme Court review, which would be helpful in resolving the recurrent question of what it means to be a “natural born Citizen."

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

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Info & Analysis

District Court Upholds NC Voter ID Law

In a 485-page opinion released yesterday, U.S. District Judge Thomas Schroeder upheld North Carolina\'s voter ID law. A trial on the photo ID issue was held in January and February. The case is League of Women Voters of North Carolina v. Howard.

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