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Election Law @ Moritz

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Litigation

 

Texas v. United States

Case Information

Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Current Court: United States Court of Appeals for the District of Columbia Circuit (Case 14-5151)

Issue:

Whether Texas' Recently Enacted Redistricting Plans Violate Section 5 of the Voting Rights Act.

Status:

Trial commenced 1/17/12. Post-trial briefs filed 2/6/12 and 2/7/12. Opinion issued 8/28/12. Notice of appeal to U.S. Supreme Court filed 8/31/12. Jurisdictional statement filed 10/19/12. Mexican-American Legislative Caucus' Motion to Affirm filed 12/6/12. United States' Motion to Affirm in Part filed 12/7/12. Davis' Motion to Affirm filed 12/7/12. Texas Latino Redistricting Task Force's Motion to Affirm filed 12/7/12. Texas' Reply Brief filed 12/13/12. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Memorandum and Order of Dismissal filed 12/3/13. Order Dissolving Three-Judge District Court on 1/22/14. Order filed 6/18/14. Notice of Appeal filed 6/23/14. Plaintiffs' Motion to Stay filed 6/23/14. Order granting Motion to stay filed 6/24/14. Texas' opening Court of Appeals brief filed 12/15/14. Joint appendix filed 12/15/14. Joint Appellee Brief filed 1/14/15. Appellant Reply Brief filed 1/28/15. Oral argument heard 4/21/15.

See also Davis v. Perry and Perez v. Texas

 

Supreme Court Documents

District Court Documents

Court of Appeals Documents

 

Commentary

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

New Ohio Voting Case Filed

Several plaintiffs recently filed a complaint in U.S. District Court for the Southern District of Ohio, alleging that voting laws enacted by Ohio's Republican-controlled General Assembly since November 2012 violate various federal constitutional provisions as well as the Voting Rights Act. According to the complaint, the General Assembly has enacted laws that burden all Ohio voters but that were designed to and will disproportionately burden specific populations, particularly African-Americans, Latinos, and young people.

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