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Election Law @ Moritz

Election Law @ Moritz


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

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.

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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

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.

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