Last Updated: May 16, 2012 at 12:01 PM
Texas v. United States
Case Information
Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Current Court: United States District Court for the District of Columbia (Case 1:11-cv-01303)
Issue:
Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.
Status:
Trial scheduling order filed 1/4/12.
See also Davis v. Perry and Perez v. Texas
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)




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...