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Election Law @ Moritz

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Litigation

 

 

Abbott v. Perez

Case Information

Date Filed: May 9, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Courts that Heard this Case: US District Court for the Western District of Texas (Case 5:11-cv-00360); United States Supreme Court (Case 17-586)

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:

Motion for Preliminary Injunction by Debbie Allen et al filed 10/14/15. Order denying preliminary injunction filed 11/16/15. Order for supplemental briefing in light of Harris v. Arizona Independent Redistricting Commission filed 4/20/16. Non-U.S. Plaintiffs' Joint Motion for Entry of Judgment filed 12/30/16. Order denying motion for entry of judgment filed 1/5/17. Opinion finding some Congressional districts unlawfully drawn filed 3/10/17. Findings of Fact filed 3/10/17. Order finding intentional discrimination in drawing of Texas state House of Representatives districts, but ruling for state on other claims, filed 4/20/17. Findings of Fact in support of order filed 4/20/17. Order Denying Motion to Certify Record for Interlocutory Appeal filed 5/1/17. Post-trial briefs filed 7/31/17. Order on Plan C235 filed 8/15/17. Notice of Appeal filed 8/18/17. Motion for Stay Denied 8/18/17. Order on Plan H358 filed 8/24/17. Application for Stay filed in U.S. Supreme Court 8/25/17. Order Granting Temporary Stay for Texas Congressional redistricting case filed 8/28/17. Order Granting Temporary Stay for Texas House redistricting case filed 8/31/17. Response in Opposition to Stay Application filed 9/5/17. U.S. Supreme Court orders granting stays of Congressional and Texas House redistricting cases filed 9/12/17. Jurisdictional Statement on Congressional and Texas House Plans filed 10/17/17 and 10/27/17. Motion to Dismiss or Affirm filed 11/20/17. Gov. Abbott's reply in support of Jurisdictional Statement filed 12/4/17. Order agreeing to hear case, postponing jurisdiction question filed 1/12/18. Appellants' brief, U.S. brief, and Joint Appendix filed 2/26/18. Appellees' briefs filed 3/28/18. The judgement was reversed and remanded in an opinion by Justice Alito on 6/25/18.

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

 

Supreme Court Documents

District Court Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

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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

District Judge Rules in Favor of State in Ohio Voter Registration Case

Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

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