Last Updated: September 10, 2010 at 1:39 PM

LULAC of Texas v. State of Texas

Case Information

Date Filed / Ended: May 9, 2008 / March 11, 2009
State: Texas
Issues: Selection of Presidential Electors, Vote Dillution
Courts that Heard this Case: U.S. District Court for the Western District of Texas (Case 5:08-cv-00389); U.S. Court of Appeals for the 5th Circuit (Case 08-50581)

Issue:

Whether the Texas Democratic Primary process unlawfully undervalues the votes of Latino voters.

Status:

Notice of Appeal to the U.S. Court of Appeals (5th Circuit) filed 6/9/08.  Appellant filed brief on 7/30/08.  Appellee filed briefs on 8/26/08 and 9/15/08.  Reply brief filed by Appellant on 9/30/08.  Oral Argument scheduled for 2/2/09 on 12/16/08. Oral Argument heard 2/4/09. Judgment entered and filed 2/17/09.  Mandate issued 3/11/09.

Appellate Court Documents

• Civil rights case docketed (6/12/08)
• Notice received from District Court, ROA certified. (filed 6/17/08)
• Briefing notice issued. A/Pet's Brief due on 7/28/08. (filed 6/17/08)
• Appellant's Brief filed by Appellant LULAC of Texas (filed 7/30/08)
• Record excerpts filed by Appellant (filed 7/30/08)
• Appellee's Brief filed by Appellee TX Democratic Party (filed 8/26/08)
• Record on appeal filed (filed 9/8/08)
• Appellee's Brief filed by Appellee Texas (filed 9/15/08)
• Reply brief filed by Appellant LULAC of Texas (filed 9/30/08)
• Case tentatively calendared for oral argument the week of 2/2/09 (entered 11/21/08)
• Case calendared for oral argument (entered 12/16/08)
• Oral Argument Heard (2/4/09)
• Unpublished Opinion Filed (entered 2/17/09)
• Judgment Entered and Filed (entered 2/17/09)
• Mandate Issued (entered 3/11/09)

District Court Documents

• Complaint (filed 5/9/08)
  • Exhibit 1
  • Civil Cover Sheet
• Summons Issued as to State of Texas, Texas Democratic Party (filed 5/9/08)
• MOTION for Preliminary Injunction (filed 5/14/08)
  • Proposed Order
• MOTION to Dismiss by Texas Democratic Party (filed 5/15/08)
  • Proposed Order
• BRIEF regarding MOTION to Dismiss by Texas Democratic Party (filed 5/15/08)
  • Exhibits A&B, C, D, E, F, G, and H
• MOTION to Dismiss With Brief in Support by State of Texas (filed 5/15/08)
  • Addenda 1, 2, 3, 4, and 5
  • Proposed Order
• MOTION for Leave to Exceed Page Limitation by Texas Democratic Party (filed 5/16/08)
  • Proposed Order
• ORDER AND ADVISORY cancelling hearing re MOTION for Preliminary Injunction (entered 5/16/08)
• Response to [Defendant Texas Democratic Party's] Motion to Dismiss (filed 5/19/08)
• Response to [Defendant State of Texas'] Motion to Dismiss (filed 5/19/08)
• Response to Motion for Preliminary Injunction (filed 5/19/08)
  • Proposed Order
• ORDER GRANTING Motion for Leave to File Excess Pages (filed 5/20/08)
• REPLY to Response to Motion to Dismiss (filed 5/20/08)
  • Proposed Order
• REPLY to Response to Motion for Preliminary Injunction (filed 5/21/08)
• ORDER ON PLAINTIFF'S REQUEST TO ENJOIN AND DELAY 2008 TEXAS DEMOCRATIC CONVENTION DENYING Motion for Temporary Injunction; GRANTING Motion to Dismiss (entered 5/22/08)
• JUDGMENT Signed by Judge Fred Biery (entered 5/22/08)
• MOTION to Intervene by Texas State Conference of NAACP Branches (entered 5/22/08)
• Memorandum in Support of MOTION to Intervene by Texas State Conference of NAACP Branches (entered 5/22/08)
• PLEA OF INTERVENTION by Texas State Conference of NAACP Branches re Memorandum in Support, MOTION to Intervene (entered 5/22/08)
• NOTICE OF APPEAL (Entered: 06/09/2008)
• SUPPLEMENTATION OF THE RECORD. ORDER TERMINATING Motion to Intervene. (Entered: 06/12/2008)
• Certified Record on Appeal. E-mailed on 6/13/08 to US Court of Appeals (Entered: 06/13/2008)

Related Links

• LULAC sued Texas Democratic Party over primary delegates, El Paso Times, 5/9/08