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Last Updated: June 14, 2013 at 9:14 AM

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.

See also Davis v. Perry and Perez v. Texas

Supreme Court Documents

Appellant's 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)
Appellant's Reply Brief (filed 12/13/12)

District Court Documents

Complaint (filed 7/19/11)
Application for Three-Judge Court (filed 7/20/11)
Notice and Memo in Support of Application (filed 7/20/11)
Order Granting Application for Three-Judge Court (filed 7/21/11)
Motion by Davis et al to Intervene (filed 7/21/11)
Response of AG Holder (filed 7/27/11)
Texas' Response in Opposition to Intervention (filed 8/3/11)
Davis et al Reply in Support of Intervention (filed 8/8/11)
Texas' Motion to Expedite (filed 8/11/11)
Order Granting Motion to Intervene (filed 8/16/11)
Answer of Davis et al (filed 8/17/11)
MALC's Motion to Intervene (filed 8/17/11)
TLRTF's Motion to Intervene (filed 8/17/11)
MALC Response (filed 8/21/11)
TLBC Motion to Intervene (filed 8/22/11)
TLRTF Motion to Intervene as Defendant (filed 8/22/11)
Attorney General's Combined Response to Motion to Intervene (filed 8/24/11)
Plaintiff's Memorandum of Points and Authorities in Opposition to Intervention (filed 8/26/11)
Proposed Intervenors' Reply in Support of Motion to Intervene as Defendants (filed 9/02/11)
Joint Reply of the Texas Black Caucus and MALc to Plaintiff's Opposition to Intervention (filed 9/05/11)
Motion for Leave to Intervene as Defendants (filed 9/06/11)
Order Granting Motion to Intervene (filed 9/08/11)
Proposed Answer of Defendant-Intervenor MALC (filed 9/08/11)
Answer of Defendant-Intervenors (filed 9/08/11)
Proposed Answer of Defendant-Intervenor Texas Legislative Black Caucus (filed 9/08/11)
Answer of Defendant-Intervenor Texas Latino Redistricting Task Force to Plaintiff's Complaint for Declaratory Judgment (filed 9/08/11)
Answer of Proposed Defendendant-Intervenors (filed 9/08/11)
Motion by League of United Latin American Citizens to Intervene as Defendant (filed 9/12/11)
Plaintiff State of Texas of Texas' Motion for Summary Judgment (filed 9/14/11)
Answer of Defendant-Intervenors (filed 9/15/11)
Answer of Defendant Holder (filed 9/19/11)
Attorney General's Response to Motion to Intervene (filed 9/21/11)
Intervenor's Legal Statement on How Destruction of Senate district 10 Violates Section 5 of the Voting Rights Act (filed 9/23/11)
US' Identification of Issues (filed 9/23/11)
Order Granting Motion to Intervene (filed 9/29/11)
US' Identification of Elections Considered (filed 10/03/11)
Order Granting Motion to Intervene (filed 10/07/11)
Expert Report of John Alford (filed 10/14/11)
Defendant-Intervenor Opposition to Motion for Summary Judgment (filed 10/25/11)
MALC and LULAC's Opposition to Motion for Summary Judgment (filed 10/25/11)
Davis' Opposition to Motion for Summary Judgment (filed 10/25/11)
Gonzales' Opposition to Motion for Summary Judgment (filed 10/25/11)
Texas Latino Redistrciting Task Force's Opposition to Motion for Summary Judgment (filed 10/25/11)
Response of Opposition to Motion for Summary Judgment (filed 10/25/11)
TLBC, NAACP, and LULAC's Opposition to Motion for Summary Judgment (filed 10/25/11)
Texas' Reply in Support of Motion for Summary Judgment (filed 10/31/11)
Texas' Reply in Support of Motion for Summary Judgment (filed 11/01/11)
Letter Regarding Speed of Decision (filed 11/04/11)
Order Denying Motion for Summary Judgment (filed 11/08/11)
Memorandum Opinion (filed 12/22/11)
TLRTF Advisory Regarding Plaintiff's Response to Requests for Production (filed 12/28/11)
Brief of U.S. Regarding Plaintiff's Assertion of Various Privileges (filed 12/28/11)
Davis' Memorandum Regarding Plaintiff's Objections to Discovery Based on Privilege (filed 12/28/11)
Plaintiff's Brief Regarding Applicability of Various Privileges (12/28/11)
Joint Notice of Trial Witnesses (filed 12/28/11)
Reply of Davis Intervenors to Plaintiff's Memorandum on Privilege (filed 12/30/11)
Reply of U.S. to Plaintiff's Memorandum on Privilege (filed 12/30/11)
Plaintiff's Response to Defendants' Memoranda on Privilege (filed 12/30/11)
Memorandum Opinion on Privilege Claims (filed 1/02/12)
Order on Various Complaints (filed 1/02/12)
Trial Scheduling Order (filed 1/04/12)
Motion to Exclude Testimony of Defendant's Experts (filed 1/04/12)
Plaintiff's Brief on Privilege (filed 1/05/12)
Defendant's Response to Plaintiff's Supplemental Brief Regarding Privilege (filed 1/05/12)
Texas' Pre-filed Testimony (filed 1/10/12)
NAACP's Pre-filed Testimony (filed 1/10/12)
Joint Trial Brief of Davis, NAACP, LULAC, and Texas Legislative Black Caucus (filed 1/13/12)
Trial Brief of Texas Latino Redistricting Task Force (filed 1/13/12)
Trial Brief of Texas Legislative Black Caucus and NAACP (filed 1/13/12)
US' Opening Trial Brief (filed 1/13/12)
Pre-Trial Brief of NAACP (filed 1/13/12)
Memorandum in Opposition to Motion to Exclude Testimony (filed 1/13/12)
Gonzales and Davis' Trial Brief (filed 1/13/12)
Joint Opposition to Motion to Exclude Testimony (filed 1/13/12)
Reply to Defendants' Opposition to Motion to Exclude Testimony (filed 1/15/12)
Davis' Submission of Expert Witness Reports (filed 1/16/12)
MALC's Notice of Submission of Testimony of Dr. Kousser (filed 1/16/12)
Submission of Expert Witness Testimony of Dr. Ansolbehere (filed 1/17/12)
Submission of Expert Witness Testimony of Wendy Davis (filed 1/17/12)
Submission of Expert Witness Testimony of Dr. Kousser (filed 1/17/12)
Submission of Expert Witness Testimony of Escamilla (filed 1/17/12)
Submission of Expert Witness Testimony of Dr. Alford (filed 1/17/12)
Filing of Dr. Murray's Expert Opinion (filed 1/19/12)
Submission of Expert Witness Testimony of Dr. Arrington (filed 1/20/12)
Submission of Expert Witness Testimony of Dr. Kousser (filed 1/20/12)
Submission of Expert Witness Testimony of Dr. Flores (filed 1/20/12)
Submission of Expert Witness Testimony of Dr. Engstorm (filed 1/20/12)
Gonzales' Bench Brief Regarding Use of General election Data in Coalition Districts (filed 1/23/12)
US Closing Argument (filed 2/01/12)
Closing Argument of Hebert (filed 2/01/12)
Closing Argument of MALC (filed 2/01/12)
Closing Argument of Texas Latino Redistricting Task Force (filed 2/01/12)
State of Texas Closing Argument (filed 2/01/12)
Gonzales Closing Argument (filed 2/01/12)
Joint Stipulation of Facts (filed 2/02/12)
Request for Judicial Notice of Evidence (filed 2/03/12)
NAACP Proposed Findings of Fact (filed 2/03/12)
LULAC Proposed Findings of Fact (filed 2/03/12)
MALC Proposed Findings of Fact (filed 2/03/12)
Davis' Proposed Findings of Fact (filed 2/03/12)
US' Proposed Findings of Fact (filed 2/03/12)
State of Texas' Proposed Findings of Fact (filed 2/03/12)
Texas Latino Redistricting Task Force's Proposed Findings of Fact (filed 2/03/12)
Gonzales Intervenors' Summary of Expert Testimony (filed 2/06/12)
Davis' Summary of Expert Witness Testimony (filed 2/06/12)
Proposed Stipulation by Texas Latino Redistricting Task Force (filed 2/06/12)
MALC Summary of Report of Expert Dr. Kousser (filed 2/06/12)
MALC's Post Trial Brief (filed 2/06/12)
Summary of Expert Testimony of Dean Saenz (filed 2/06/12)
Texas Legislative Black Caucus Post Trial Brief (filed 2/06/12)
Texas Latino Redistricting Task Force's Summary of Expert Dr. Engstrom (filed 2/06/12)
Texas Latino Redistricting Task Force's Summary of Expert Dr. Flores (filed 2/06/12)
NAACP Post Trial Brief (filed 2/06/12)
Summary of Expert Testimony of Dr. Murray (filed 2/06/12)
Summary of Expert Testimony of Dr. Arrington (filed 2/06/12)
State of Texas' Trial Brief (filed 2/06/12)
Summary of Expert Testimony of Dr. Handley (filed 2/06/12)
US's Post Trial Brief (filed 2/06/12)
Davis and LULAC's Post Trial Brief (filed 2/06/12)
Post Trial Brief Gonzales (filed 2/07/12)
Post Trial Brief of Texas Latino Redistricting Task Force (filed 2/07/12)
Joint Advisory of Defendant-Intervenors (filed 2/22/12)
Response of Certain Defendants to Advisory of Texas Latino Redistricting Task Force (filed 3/01/12)
Texas' Advisory Regarding 2012 Election Schedule (filed 3/01/12)
State of Texas' Memorandum on District 25 (filed 3/13/12)
Defendant's Memorandum on District 25 (filed 3/13/12)
NAACP's Memorandum on District 25 (filed 3/13/12)
Texas Latino Redistricting Task Force's Memorandum on District 25 (filed 3/13/12)
Response to Certain Defendants to Texas Latino Redistricting Task Force's Brief Regarding Congressional District 25 (filed 3/16/12)
Response of Texas Latino Redistricting Task Force to Brief Regarding District 25 (filed 4/02/12)
Motion for Judicial Notice of 2012 Primary Results (filed 7/05/12)
Defendant-Intervenors' Response to Motion for Judicial Notice (filed 7/19/12)
Reply Memorandum of Defendant-Intervenors' in Support of Motion for Judicial Notice of Results from 2012 Primary (filed 7/25/12)
Order on Motions to Take Judicial Notice (filed 8/28/12)
Order Denying Motion to Intervene (filed 8/28/12)
Opinion (filed 8/28/12)
Final Judgment (filed 8/28/12)
Notice of Appeal to the Supreme Court of the United States (filed 8/31/12)
Unopposed Motion to Postpone and Hold in Abeyance Filings of Motions for Attorney's Fees (filed 9/10/12)
Notice of Receipt of Appeal (filed 10/23/12)

Commentary

Justin Levitt

Arizona: Voter Registration and the Road Ahead

Justin Levitt

June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.

more commentary...

In the News

Michelle Alexander

Johnson: Disenfranchising felons hits minorities hardest

Professor Michelle Alexander was quoted in an Athens Banner-Herald article from her book "The New Jim Crow." The article focuses on the disenfranchisement of felons in states like Virginia, where more than seven percent of the adult population cannot vote due to felony charges. In Virginia, Gov. Robert McDonnell is taking steps to restore the right to vote to nonviolent felons.

Alexander's book calls on the idea that disenfranchising felons affects minorities most. She calls voting-rights restoration processes a “bureaucratic maze” that is “cumbersome, confusing and onerous.”

more EL@M in the news...

Info & Analysis

Supreme Court: NVRA Pre-empts Arizona's Proof of Citizenship Law

In a 7-2 decision, the U.S. Supreme Court ruled today that the NVRA preempts an Arizona law requiring documentation of citizenship to accompany voter registration forms. The case is Arizona v. The Inter Tribal Council of Arizona, Inc.

more info & analysis...

Major Pending Cases

more litigation...

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