OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Davis v. Perry

Case Information

Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Courts that Heard this Case: United States Court for the Western District of Texas (Case 5:11-cv-00788); United States Supreme Court (Case No. 11A521 ); US Court of Appeals for the Fifth Circuit (Case 14-50042)

Issue:

Whether Texas' State Senate Redistricting Plan violates the Voting Rights Act.

Status:

District Court adopted interim redistricting plan on 11/26/11. U.S. Supreme Court stayed District Court order pending oral argument scheduled 1/9/12. Supreme Court opinion filed 1/20/12. District Court Order Entering a Redistricting Plan 3/1/12. Court Order Adopting interim plan for 2012 election entered 9/7/12. Final Judgment filed 9/4/13. Circuit Court Order Dismissing Appeal for Lack of Jurisdiction filed 1/16/14. Amended Notice of Appeal filed 1/31/14. Appellee's Brief filed 6/9/14. Appellant's Reply Brief filed 6/25/14. Oral Argument filed 10/27/14. Opinion and Judgment filed 3/17/14. Order denying petition for rehearing en banc filed 4/14/15. Mandate issued 4/22/15.

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.

more commentary...

In the News

Edward B. Foley

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

more EL@M in the news...

Info & Analysis

Federal District Court Panel Finds Unconstitutional Gerrymandering in Alabama

In an opinion released today, a three-judge panel of the U.S. District Court for the Middle District of Alabama found unconstitutional gerrymandering in 12 Alabama districts. In a separate concurring and dissenting opinion, one judge on the panel would have found more districts unconstitutionally drawn. The case is Alabama Democratic Conference v. Alabama.

more info & analysis...