HTTP 404 Not Found

OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Texas Democratic Party v. Abbott

Case Information

Date Filed: April 7, 2020
State: Texas
Issue: Improper Election Administration
Current Court: U.S. Court Of Appeals for the Fifth Circuit (Case 20-50407)

Issue:

Whether Texas's voting laws in the context of the pandemic violate the Voting Rights Act and the 1st, 14th, 15th, and 26th Amendments.

Status:

Complaint 4/07/20. Amended Complaint 4/29/20. Motion for Preliminary Injunction 4/29/20. Response to Motion for Preliminary Injunction 5/12/20. Proposed Order 5/12/20. Order Granting Plaintiff's Motion for Preliminary Injunction 5/19/20. Appeal Order 5/19/20. Order of USCA Regarding Notice of Appeal 5/20/20. Motion for Stay Pending Appeal 5/20/20. Motion to Dismiss 5/21/20. Non-Dispositive Published Opinion 6/4/20. Petition for Writ of Certiorari and Application to Vacate Stay 6/16/20. Denial of Application to Vacate Stay 6/26/20.

District Court Documents

  • Complaint pdf file (4/7/20)
  • Exhibit A pdf file (4/7/20)
  • Exhibit B pdf file (4/7/20)
  • Amended Complaint pdf file (4/29/20)
  • Motion for Preliminary Injunction pdf file (4/29/20)
  • Exhibit 1 State Court Hearing Record pdf file (4/29/20)
  • Exhibit 2 OAG Press Release pdf file (4/29/20)
  • Exhibit 3 State of Texas Plea To The Injunction pdf file (4/29/20)
  • Exhibit 4 Court Order on Temporary Injunction pdf file (4/29/20)
  • Exhibit 5 Proposed Order pdf file (4/29/20)
  • Motion to Intervene by League of United Latin American Citizens (LULAC), Texas League of United Latin American Citizens pdf file (5/11/20)
  • Exhibit # 1 Proposed Order pdf file (5/11/20)
  • Exhibit # 2 Intervenors Complaint pdf file (5/11/20)
  • Response to Motion to Intervene filed by Movant League of United Latin American Citizens (LULAC), Movant Texas League of United Latin American Citizens pdf file (5/12/20)
  • Exhibit # 1 Proposed Order pdf file (5/12/20)
  • Response to Motion for Preliminary Injunction filed by Plaintiff pdf file (5/12/20)
  • Exhibit A pdf file (5/12/20)
  • Exhibit B pdf file (5/12/20)
  • Exhibit C pdf file (5/12/20)
  • Exhibit D pdf file (5/12/20)
  • Proposed Order pdf file (5/12/20)
  • Amici Curiae Brief regarding 10 Motion for Preliminary Injunction by Mexican American Legislative Caucus pdf file (5/13/20)
  • Republican Party Brief Amicus Curie in Opposition, Regarding Plaintiff's Motion for Preliminary Injunction pdf file (5/13/20)
  • Response to Motion, filed by Jacquelyn F. Callanen, re 10 Motion for Preliminary Injunction pdf file (5/14/20)
  • # 1 Exhibit Bexar County Criminal District Attorney Opinion pdf file (5/14/20)
  • Proposed Findings of Fact by Greg Abbott pdf file (5/14/20)
  • # 1 Exhibit A pdf file (5/14/20)
  • # 2 Exhibit B pdf file (5/14/20)
  • # 3 Exhibit C pdf file (5/14/20)
  • Proposed Findings of Fact by Joseph Daniel Cascino pdf file (5/14/20)
  • Notice of Filing Preliminary Injunction Proposed Order by Joseph Daniel Cascino pdf file (5/14/20)
  • Reply to Response to Motion, filed by Joseph Daniel Cascino re 10 Motion for Preliminary Injunction filed by Plaintiff pdf file (5/14/20)
  • Amicus Brief in support of Plaintiff's 10 Motion for Preliminary Injunction by Harris County pdf file (5/14/20)
  • # 1 Appendix pdf file (5/14/20)
  • Amici Curiae Brief in opposition to Plaintiff's 10 Motion for Preliminary Injunction by Landmark Legal Foundation, Public Interest Legal Foundationpdf file (5/14/20)
  • Notice of Filing Second Revised Proposed Order on Preliminary Injunction 10 filed by Joseph Daniel Cascino pdf file (5/18/20)
  • Advisory To The Court by Plaintiffs pdf file (5/18/20)
  • # 1 Texas Supreme Court Stay Order Issued pdf file (5/18/20)
  • # 2 Texas Supreme Court Setting Oral Argument pdf file (5/18/20)
  • # 3 NBER Whitepaper pdf file (5/18/20)
  • Order Granting Plaintiff's Motion For Preliminary Injunction 10 Motion for Preliminary Injunction pdf file (5/19/20)
  • Appeal of Order entered by District Judge 90 by Greg Abbott pdf file (5/19/20)
  • Order of USCA (certified copy). re 91 92 Notice of Appealpdf file (5/20/20)
  • # 1 Transmittal Letter From USCApdf file (5/20/20)
  • Motion to Dismiss by Jacquelyn F. Callanenpdf file (5/21/20)
  • Motion to Dismiss Defendant Ruth Hugh's Motion to Dismiss by Ruth Hughs pdf file (5/21/20)
  • Defendant Dana DeBeauvoir's Original Answer to Plaintiffs' First Amended Complaint Answer to 9 Amended Complaint pdf file (5/22/20)
  • Response To Motion, Filed By Greg Abbott, Governor Of Texas, Ruth Hughs, Texas Secretary Of State, Ken Paxton, Re 93 Motion To Re-urge re 40 Order On Motion To Intervene Filed By Movant League Of United Latin American Citizens pdf file (5/27/20)
  • Motion To Dismiss By Ken Paxton pdf file (5/27/20)
  • Unopposed Motion For Extension Of Time To File Response/Reply To Motions To Dismiss By Joseph Daniel Cascinopdf file (6/4/20)
  • Order Of USCA (certified copy). Re 92 Notice Of Appeal, 91 Notice Of Appealpdf file (6/4/20)
  • Order Staying Case On Appealpdf file (6/16/20)
  • Order Of USCA: It Is Ordered That Appellees Motion To Expedite The Appeal Is Grantedpdf file (7/17/20)
  • Fifth Circuit Court Documents

  • Motion for stay pending appealpdf file (5/20/20)
  • Court Order Ordering That The Motion Of Appellants For Stay Pending Appeal is Temporarily Held in Abeyance Pending Further Order By This Motions Panelpdf file (5/20/20)
  • Amicus Curiae Brief Filed by NAACP Legal Defense and Educational Fundpdf file (5/21/20)
  • Reply Filed by Appellants In Support Of Emergency Motion To Staypdf file (5/21/20)
  • Amicus Curiae Brief Filed by Ms. Dana Debeauvoirpdf file (5/22/20)
  • Amicus Curiae Brief Filed by Harris Countypdf file (5/22/20)
  • Amicus Curiae Brief Filed By State Of Louisiana And State Of Mississippipdf file (5/27/20)
  • Opposed Motion By Not Party Heathcare Professionals To File Amicus Briefpdf file (5/27/20)
  • Supplemental Authorities (FRAP 28j) Filed By Appellants Greg Abbott, Governor Of The State Of Texas, Ms. Ruth Hughs And Mr. Ken Paxtonpdf file (5/27/20)
  • Opposed Motion By Not Parties Charles S Abbott, William J. Boatman, Wesley K. Clark, Donald P. Dorsey And Joe R. Reeder To File Amicus Briefpdf file (5/28/20)
  • Response filed By Appellees Mr. Joseph Daniel Cascino, Ms. Brenda Li Garcia, Mr. Gilberto Hinojosa, Ms. Shanda Marie Sansing And Texas Democratic Party To The 28j Letter Filed By Appellants Greg Abbott, Governor Of The State Of Texaspdf file (5/28/20)
  • Amicus Curiae Brief Filed By Heathcare Professionalpdf file (5/28/20)
  • Amicus Curiae Brief Filed By Mr. Charles S Abbott, Mr. William J. Boatman, Mr. Wesley K. Clark, Mr. Donald P. Dorsey And Honorable Joe R. Reederpdf file (5/28/20)
  • Non-Dispositive Published Opinion Filed. Judge: JES , Judge: GJC , Judge: JCH; Granting Motion For Stay Pending Appealpdf file (6/4/20)
  • Document Filed By Supeme Court Referencing Opinion Non Dispositive pdf file (6/26/20)
  • Appelant's Briefpdf file (6/29/20)
  • Unopposed Motion By Tarrant County Republican Party To File Amicus Briefpdf file (7/1/20)
  • Amicus Curiae Brief Filed By Landmark Legal Foundation And Public Interest Legal Foundationpdf file (7/6/20)
  • Amicus Curiae Brief Filed By Disability Rights Legal Center, National Disability Rights Network, Disability Rights Advocates And American Diabetes Associationpdf file (7/6/20)
  • Appellee's Brief Filed E/Res's Brief Deadline Satisfiedpdf file (7/7/20)
  • Amicus Curiae Brief Filed By Constitutional Accountability Centerpdf file (7/14/20)
  • Amicus Curiae Brief Filed By Protect Democracy Projectpdf file (7/14/20)
  • Amicus Curiae Brief Filed By Lisa R. Wise And The County Of El Paso, Texaspdf file (7/14/20)
  • Amicus Curiae Brief Filed By League Of United Latin American Citizens & Texas League Of United Latin American Citizenspdf file (7/14/20)
  • Amicus Curiae Brief Filed By Chris Hollins, Harris County Clerk; Fort Bend County; Dana Debeauvoir, Travis County Clerk; And Cameron County And Its Election Administrator, Remi Garzapdf file (7/14/20)
  • Amicus Curiae Brief Filed By National Redistricting Foundationpdf file (7/29/20)
  • Supreme Court Of The United States Documents

  • Petition For A Writ Of Certiorari Before Judgmentpdf file (6/16/20)
  • Application To Vacate Stay, Submitted To Justice Alitopdf file (6/16/20)
  • Order Denying Motion To Expediate Considerationpdf file (7/2/20)
  • Order Denying Application To Staypdf file (6/26/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...

    Major Pending Cases

    more litigation...