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Election Law @ Moritz

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Litigation

 

Texas v. United States

Case Information

Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:11-cv-01303); United States Supreme Court (Case 12-496); United States Court of Appeals for the District of Columbia Circuit (Case 14-5151)

Issue:

Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.

Status:

Trial commenced 1/17/12. Post-trial briefs filed 2/6/12 and 2/7/12. Opinion issued 8/28/12. Notice of appeal to U.S. Supreme Court filed 8/31/12. Jurisdictional statement filed 10/19/12. Mexican-American Legislative Caucus' Motion to Affirm filed 12/6/12. United States' Motion to Affirm in Part filed 12/7/12. Davis' Motion to Affirm filed 12/7/12. Texas Latino Redistricting Task Force's Motion to Affirm filed 12/7/12. Texas' Reply Brief filed 12/13/12. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Memorandum and Order of Dismissal filed 12/3/13. Order Dissolving Three-Judge District Court on 1/22/14. Order filed 6/18/14. Notice of Appeal filed 6/23/14. Plaintiffs' Motion to Stay filed 6/23/14. Order granting Motion to stay filed 6/24/14. Texas' opening Court of Appeals brief filed 12/15/14. Joint appendix filed 12/15/14. Joint Appellee Brief filed 1/14/15. Appellant Reply Brief filed 1/28/15. Oral argument heard 4/21/15. Opinion affirming district court filed 8/18/15.

See also Davis v. Perry and Perez v. Texas

District Court Documents

Court of Appeals Documents

Supreme Court 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.

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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.”
 

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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.

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