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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)


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.


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.

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


District Court Documents

Supreme Court Documents


Edward B. Foley

The Constitution Needed a Judicial Assist

Edward B. Foley

“The majority contends that its counterintuitive reading of ‘the Legislature’ is necessary to advance the ‘animating principle’ of popular sovereignty.” With this sentence in his dissent (at page 14), Chief Justice Roberts gets to the heart of the debate in today’s 5-4 decision in the Arizona redistricting case.

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In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

Governor Christie Vetoes Election Law Bill

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