Last Updated: May 16, 2012 at 11:54 AM
Davis v. Perry
Case Information
Date Filed: September 22, 2011
State: Texas
Issues: Redistricting, Vote Dillution
Current Court: United States Court for the Western District of Texas (Case 5:11-cv-00788)
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 1/9/11.
See also Perez v. Texas and Texas v. United States
District Court Documents
- Complaint
(filed 9/22/11) - Order Enjoining Implementation of Voting Changes (filed 9/29/11)
- Answer of Defendant Munisteri (filed 10/3/11)
- Motion to Dismiss of Defendant Munisteri (filed 10/3/11)
- Answer of Defendants Perry and Andrade (filed 10/3/11)
- Advisory of Defendants Perry and Andrade Regarding Interim Apportionment (filed 10/7/11)
- Plaintiffs' Brief on Remedy (filed 10/7/11)
- Order Appointing Technical Advisors (filed 10/11/11)
- Plaintiffs' Reponse Opposing Defendant Munisteri's Motion to Dismiss (filed 10/14/11)
- Advisory of Defendants Perry and Andrade Regarding Interim Map (filed 10/17/11)
- Plaintiffs' Submission of Proposed Remedial State Senate Plan (filed 10/17/11)
- Consolidation Order (filed 10/19/11)
- Plaintiffs' Advisory on Laches (filed 10/19/11)
- Defendant Munisteri's Reply to Plaintiffs' Reponse Opposing Motion to Dismiss (filed 10/20/11)
- Defendant Munisteri's Advisory to the Court on Laches (filed 10/20/11)
- Amended Answer of Defendants Perry and Andrade (filed 10/20/11)
- Motion to Dismiss of Defendants Perry and Andrade (filed 10/21/11)
- Motion to Stay Proceedings of Defendants Perry and Andrade (filed 10/24/11)
- Plaintiffs' Reponse to Texas' Proposed Remedial Plan (filed 10/24/11)
- Defendants' Objections to Plaintiffs' Proposed Plan (filed 10/25/11)
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Stay (filed 10/26/11)
- Order Denying Stay (filed 10/27/11)
- Joint Advisory Regarding Remedy Hearing (filed 10/28/11)
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss (filed 10/30/11)
- Order Regarding Residency and Filing Deadlines (filed 11/4/11)
- Defendants' Reply Supporting Motion to Dismiss (filed 11/4/11)
- Defendants' Motion for Summary Judgment (filed 11/5/11)
- Advisory of Texas Democratic Party (filed 11/9/11)
- Defendants' Advisory as to Trial Date (filed 11/9/11)
- Plaintiffs' Advisory as to Trial Date (filed 11/9/11)
- Plaintiffs' Memorandum Opposing Defendants' Summary Judgment Motion (filed 11/9/11)
- Order Postponing Trial (filed 11/10/11)
- Defendants' Advisory Regarding Deviation from Equalized District Population (filed 11/10/11)
- Plaintiffs' Advisory - Joint Senate Plan (filed 11/11/11)
- Plaintiffs' Advisory Regarding Population Equality (filed 11/14/11)
- Order Regarding Interim Plan (filed 11/17/11)
- Plaintiffs' Advisory Regarding Proposed Interim Plan (filed 11/18/11)
- Defendants' Objections to Proposed Interim Plan (filed 11/18/11)
- Order Adopting Interim Plan (11/23/11)
- Defendants' Motion to Stay Implementation of Plan Pending Appeal (11/23/11)
- Order Denying Motion to Stay Implementation of Plan (11/25/11)
- Defendants' Notice of Appeal to United States Supreme Court (filed 11/27/11)
- Advisory of Defendant Ministeri Regarding 2012 General Primary (filed 12/12/11)
- Order of Supreme Court Granting Stay
(filed 12/16/11) - Order Concerning Residency and
General Primary (filed 12/16/11)
- Defendant Munisteri's Advisory to the Court Regarding the 2012 Primary
(filed 1/20/12) - Joint Response of Plaintiffs to Defendants' Motion for Reconsideration (filed 1/23/12)
- Defendant Munisteri's Advisory Concerning Election Timing (filed 2/06/12)
- Craig Estes' Motion for Leave to File (filed 2/06/12)
- Joint Advisory by Certain Plaintiffs on Status of Legal Challenges (filed 2/06/12)
- Defendants' Advisory Regarding Interim Redistricting Plans (filed 2/06/12)
- Order Granting Estes' Motion to Intervene (filed 2/07/12)
- Joint Advisory of Davis and LULAC Rgarding Interim Senate Plans (filed 2/07/12)
- LULAC Bench Brief Regarding Use of Election Data in Coalition and Crossover Districts (filed 2/07/12)
- Craig Estes' Intervention Complaint (filed 2/07/12)
- Senator Estes' Brief on Interim Maps (filed 2/10/12)
- Senator Estes' Proposed Findings of Fact (filed 2/10/12)
- Davis and LULAC's Proposed Findings of Fact (filed 2/10/12)
- Post Trial Brief of Davis and LULAC (filed 2/10/12)
- Reply Brief of Davis and LULAC (filed 2/13/12)
- Order Adopting Plan S172 as Interim Plan (filed 2/28/12)
- Joint Advisory Regarding Political Conventions (filed 2/29/12)
- Order Entering a Redistricting Plan (filed 3/01/12)
- Amended Order Regarding Election Schedule (filed 3/19/12)
- Order Explaining Plan S172 (filed 3/19/12)
- Order on Election Schedule (filed 3/19/12)
- Order Regarding Plan S172 (filed 3/19/12)
- Stipulation of Dismissal of Plaintiffs-Intervenors Estes et al (filed 5/10/12)
Supreme Court Documents
- Emergency Application for Stay of
Interlocutory Order Pending Appeal to the US
Supreme Court
(filed 11/28/11)
- Plaintiffs' Response to Stay Request (filed 12/1/11)
- Defendants' Reply (filed 12/3/11)
- Order Granting Stay (filed 12/9/11)
- Appellant Texas' Brief
(filed
12/21/11) - Appellee Brief of NAACP and
Congresspersons
(filed 12/21/11) - Appellee Brief of Davis, LULAC, et al
(filed 12/21/11) - Appellee Brief of TLRTF et al
(filed 12/21/11) - Joint Appendix Vol. 1
(filed 12/21/11) - Joint Appendix Vol. 2
(filed 12/21/11) - Joint Appendix Vol. 3
(filed 12/21/11) - Joint Appendix Vol. 4
(filed 12/21/11) - Joint Appendix Vol. 5
(filed 12/21/11) - Amicus Brief of Cato Institute
(filed 12/28/11) - Amicus Brief of Various States
(filed 12/28/11) - Amicus Brief of DOJ
(filed 12/28/11) - Amicus Brief of Eagle Forum Education and Legal Defense Fund
(filed 12/28/11) - Second Supplemental Joint
Appendix
(filed 1/03/12) - Reply Brief of Wendy Davis
and LULAC
(filed 1/03/12) - Reply Brief of
Appellants
(filed 1/03/12) - Reply Brief of Appellee
NAACP, Jackson-Lee, and Others
(filed 1/03/12) - Reply Brief for Texas Latino Redistricting
Task Force, MALC, and Perez
(filed 1/03/12) - Oral Argument Transcript (filed 1/09/12)
- Letter Regarding Primary
Date (filed 1/11/12)
- Supreme Court Opinion (filed 1/20/12)
PDF files in this site require
Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
more commentary...