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

Northwest Austin Municipal Utility District Number One v. Gonzales

Case Information

Date Filed / Ended: August 4, 2006 / November 3, 2009
State: Texas
Issue: Voting Rights Act
Courts that Heard this Case: United States District Court, District of Columbia (Case 1:06-cv-01384-PLF-EGS); United States Supreme Court (Case 08-322)

Issue:

Whether the imposition of §5 of the Voting Rights Act requirements, 42 U.S.C. §1973c, upon Northwest Austin Municipal Utility District Number One is improper and/or unconstitutional as the district has allegedly remedied the problems giving rise to the initial imposition of these requirements.

Status:

A juridictional statement was filed on 9/4/08.  An amicus brief was filed by the Mountain States Legal Foundation on 10/10/08.  Motion to affirm filed by Appellee 11/26/08. Oral Arguments set for 4/29/09. Appellant's Reply filed 4/15. Judgement Reversed and Case Remanded on 6/22/09.  Consent Judgment and Decree 11/3/09.

U.S. Supreme Court Documents

• Jurisdictional Statement (Response due October 10, 2008) (filed 9/4/08)
• Order extending time to file response to jurisdictional statement to and including November 10, 2008, for all appellees (filed 9/30/08)
• Amicus curiae brief of Mountain States Legal Foundation (filed 10/10/08)
• Order further extending time to file response to the jurisdictional statement to and including November 24, 2008 (entered 11/4/08)
• Order further extending time to file response to the jurisdictional statement to and including November 24, 2008, for all appellees (entered 11/4/08)
• Order further extending time to file response to petition to and including November 26, 2008, for all appellees (entered 11/18/08)
• Motion to affirm filed by appellee Michael B. Mukasey, Attorney General (filed 11/26/08)
• PROBABLE JURISDICTION NOTED The brief of appellant is to be filed on or before Thursday, February 19, 2009. The brief of appellees is to be filed on or before Wednesday, March 18, 2009. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court. (entered 1/9/09)
• Case set for Oral Argument on 4/29/09 (entered 2/23/09)
• Brief amicus curiae of Scharf-Norton Center for Constitutional Litigation Goldwater Institute (filed 2/25/09)
• Brief amici curiae of Dr. Abigail Thernstrom and Former Justice Department Officials (filed 2/26/09)
• Brief amicus curiae of Honorable Bob Riley, Governor of Alabama in support of neither party (filed 2/26/09)
• Brief amici curiae of Nathaniel Persily, Stephen Ansolabehere, and Charles Stewart III in support of neither party (filed 2/26/09)
• Brief amicus curiae of Georgia Governor Sonny Perdue (filed 2/26/09)
• Brief amici curiae of Pacific Legal Foundation, et al. (filed 2/26/09)
• Brief amicus curiae of Mountain States Legal Foundation (filed 2/26/09)
• Brief amicus curiae of the Southeastern Legal Foundation (filed 2/26/09)
• Brief of Federal Appellee (filed 3/18/09)
• Brief of Intervenors-Appellees Rodney and Nicole Louis, et al. (filed 3/18/09)
• Brief of Appellees Intervenor-Appellees Texas State Conference of NAACP, et al. (filed 3/18/09)
• Brief of Appellee Travis County (filed 3/18/09)
• Brief amicus curiae of Civil Rights Clinic at Howard University School of Law (filed 3/25/09)
• Brief amicus curiae of the Asian American Legal Defense and Education Fund, et al. (filed 3/25/09)
• Brief amicus curiae of the Constitutional Accountability Center (filed 3/25/09)
• Brief amicus curiae of the Brennan Center for Justice at NYU School of Law (filed 3/25/09)
• Brief amicus curiae of Nicholas deB. Katzenbach, et al. (filed 3/25/09)
• Brief amicus curiae of the Leadership Conference on Civil Rights and the LCCR Eduction Fund, et al. (filed 3/25/09)
• Brief amicus curiae of the American Bar Association (filed 3/25/09)
• Brief amicus curiae of Julius Chambers, et al. (filed 3/25/09)
• Brief amicus curiae of Jurisdictions That Have Bailed Out Under the Voting Rights Act (filed 3/25/09)
• Brief amicus curiae of Former Republican Officeholders (filed 3/25/09)
• Brief amicus curiae of Barbara Lee, et al. (filed 3/25/09)
• Brief amicus curiae of Alaska Native Voters and Tribes (filed 3/25/09)
• Brief amicus curiae of Members of the Texas House of Representatives (filed 3/25/09)
• Brief amicus curiae of the Honorable Congressman John Lewis (filed 3/25/09)
• Brief amicus curiae of the Navajo Nation, et al. (filed 3/25/09)
• Brief amicus curiae of Reps. John Conyers, Jr., et al. (filed 3/25/09)
• Brief amicus curiae of the Asian American Justice Center, et al. (filed 3/25/09)
• Brief amicus curiae of the States of North Carolina, Arizona, California, Louisiana, Mississippi, and New York (filed 3/25/09)
• Motion for Divided Arguments Filed by Appellees (filed 3/25/09)
  • Motion GRANTED (entered 4/3/09)
• Appellant's Reply Filed (filed 4/15/09)
• Oral Arguments (4/29/09)
• Opinion - Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, Ginsburg, Breyer, and Alito, JJ., joined. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part. (6/22/09)

District Court Documents

• Complaint (filed 8/4/06)
• Motion for Three Judge Panel (filed 8/4/06)
  • Memorandum
• Answer to Complaint by Alberto Gonzales (filed 11/6/06)
• Answer to Complaint on behalf of Diaz Intervenors by David Diaz, Lisa Diaz and Gabriel Diaz (filed 11/8/06)
• Answer to Complaint by Austin Branch of the NACCP and Texas State Conference of NAACP Branches (filed 11/9/06)
• Answer to Complaint by Nicole Louis and Rodney Louis (filed 11/9/06)
• Answer to Complaint by Travis County, Texas (filed 11/15/06)
• Answer to Complaint by People for the American Way (filed 11/15/06)
• Answer to Complaint by Nathaniel Lesane (filed 11/15/06)
• Answer to Complaint by Jovita Casares, Angie Garcia, and Ofelia Zapata (filed 11/17/06)
• Response to Order of the Court, Defendant's Report filed by Alberto Gonzales (filed 11/28/06)
• Meet and Confer Statement (entered 11/28/06)
  • Scheduling Order
  • Scheduling Order of Defendant and Defendant-Intervenors
• Scheduling Order signed by Three Judge Panel (entered 12/1/06)
• Response to Order of the Court Parties' Joint Report in Response to December 6, 2006 Order filed by Austin Branch of the NAACP, Texas State Conference of NAACP Branches (filed 1/19/07)
• First Amended Complaint (filed 3/22/07)
• Answer to First Amended Complaint by Travis County, Texas (filed 3/23/07)
• Answer to Complaint by Yvonne Graham, Wendy Richardson, Jamal Richardson, Marisa Richardson, and Winthrop Graham (filed 3/26/07)
• Answer to Amended Complaint by Alberto Gonzales (filed 4/5/07)
• Private Defendant-Intervenors' Answer to Amended Complaint by Nathaniel Lesane, Gabriel Diaz, Jovita Casares, Angie Garcia, Ofelia Zapata, Winthrop Graham, Yvonne Graham, Wendy Richardson, Jamal Richardson, Marisa Richardson, Winthrop Graham, Austin Branch of the NAACP, Texas State Conference of NAACP Branches, Nicole Louis, Rodney Louis, David Diza, Lisa Diaz, and People for the American Way (filed 4/9/07)
• Joint MOTION for Leave to File Excess Pages in Motions for Summary Judgment (filed 5/2/07)
  • Proposed Order
• Minute Order [non-document] (entered 5/7/07)
  • The parties shall submit on or before May 10, 2007 a joint supplemental report to their May 2, 2007 joint motion setting forth the following: (1) how many oppositions to plaintiff's dispositive motion the defendants and defendant-intervenors anticipate filing; and (2) whether the plaintiff anticipates filing a single, consolidated reply brief in response to defendants' oppositions, or multiple reply briefs. The parties should also state the estimated length of the aforementioned briefs.
• Joint Supplemental Report in Response to the Court's Order of May 7, 2007 (filed 5/10/07)
• ORDER granting Joint Motion for Leave to File Excess Pages (entered 5/11/07)
• MOTION for Summary Judgment by TRAVIS COUNTY, TEXAS (filed 5/15/07)
• MOTION for Summary Judgment by ALBERTO GONZALES (filed 5/15/07)
• MOTION for Summary Judgment by NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE (file 5/15/07)
• MOTION for Summary Judgment by NATHANIEL LESANE, GABRIEL DIAZ, JOVITA CASARES, ANGIE GARCIA, OFELIA ZAPATA, WINTHROP GRAHAM, YVONNE GRAHAM, WENDY RICHARDSON, JAMAL RICHARDSON, MARISA RICHARDSON, WINTHROP GRAHAM, AUSTIN BRANCH OF THE NAACP, TEXAS STATE CONFERENCE OF NAACP BRANCHES, NICOLE LOUIS, RODNEY LOUIS, ALBERTO GONZALES, DAVID DIAZ, LISA DIAZ, PEOPLE FOR THE AMERICAN WAY, TRAVIS COUNTY, TEXAS (filed 5/15/07)
• MOTION for Summary Judgment by GABRIEL DIAZ, DAVID DIAZ, LISA DIAZ (filed 5/16/07)
• AMICUS BRIEF by BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW (filed 5/25/07)
• Memorandum in opposition to MOTIONS for Summary Judgment by NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE (filed 6/15/07)
  • Exhibit 1
  • Exhibit 2
  • Text of Proposed Order
  • Statement of Facts Opposition
• RESPONSE to Plaintiff's Statement of Material Facts (filed 6/15/07)
• Memorandum in opposition to MOTION for Summary Judgment filed by ALBERTO GONZALES (filed 6/15/07)
• RESPONSE to Plaintiff's Memorandum in Support of Motion for Summary Judgment (filed 6/15/07)
  • Supplement Declaration of Kristen Clarke
  • Exhibit: Declaration of Kristen Clarke Exhibit 1-3
  • Exhibit: Declaration of Kristen Clarke Exhibit 4 (Part 1)
  • Exhibit: Declaration of Kristen Clarke Exhibit 4 (Part 2)
  • Exhibit: Declaration of Kristen Clarke Exhibit 4 (Part 3)
  • Exhibit: Declaration of Kristen Clarke Exhibit 5-6
  • Supplement Memorandum of Points and Authorities
  • Appendix: Declaration of Paul Wolfson
• REPLY to opposition to MOTION for Summary Judgment by Northwest Austin (filed 7/6/07)
• REPLY to opposition to MOTION for Summary Judgment by NATHANIEL LESANE, GABRIEL DIAZ, JOVITA CASARES, ANGIE GARCIA, OFELIA ZAPATA, WINTHROP GRAHAM, YVONNE GRAHAM, WENDY RICHARDSON, JAMAL RICHARDSON, MARISA RICHARDSON, WINTHROP GRAHAM, AUSTIN BRANCH OF THE NAACP, TEXAS STATE CONFERENCE OF NAACP BRANCHES, NICOLE LOUIS, RODNEY LOUIS, DAVID DIAZ, LISA DIAZ, PEOPLE FOR THE AMERICAN WAY, TRAVIS COUNTY, TEXAS (filed 7/6/07)
• REPLY to opposition to MOTION for Summary Judgment by ALBERTO GONZALES (filed 7/6/07)
• MINUTE ORDER that on or before July 31, 2007 the parties shall jointly file a report setting forth the total amount of time requested for oral argument for each side and how the defendant and defendant-intervenors propose to subdivide their time (entered 7/18/07)
• Unopposed MOTION for Leave to File Corrected Documents (filed 7/25/07);
  • Proposed Corrected Documents:
    • Ex. A: Proposed Corrected Exhibit 2-A to the May 15, 2007 Declaration of Paul R.Q. Wolfson
    • Ex. A: Proposed Corrected Exhibit 2-B to the May 15, 2007 Declaration of Paul R.Q. Wolfson
    • Ex. A: Proposed Corrected Exhibit 2-C - 2-I to the May 15, 2007 Declaration of Paul R.Q. Wolfson
    • Ex. A: Proposed Corrected Exhibit 2-J - 2-P to the May 15, 2007 Declaration of Paul R.Q. Wolfson
    • Ex. B: Proposed Corrected Memorandum in Support of Defendant-Intervenors' Motion for Summary Judgment
    • Ex. C: Proposed Corrected Memorandum by Defendant-Intervenors in Opposition to Plaintiff's Motion for Summary Judgment
• STATUS REPORT by ALBERTO GONZALES (filed 8/24/07)
• MEMORANDUM re Order by NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE (filed 9/10/07)
• MEMORANDUM re Order by ALBERTO GONZALES (filed 9/10/07)
• OPINION denying plaintiff's motion for summary judgment and granting defendant's and defendant-intervenors' motions for summary judgment (entered 5/30/08)
• ORDER AND JUDGMENT denying plaintiff's motion for summary judgment and granting defendant's and defendant-intervenors' motions for summary judgment (entered 5/30/08)
• MOTION to Hold in Abeyance Any Petition for Attorney's Fees & Costs (filed 6/13/08)
  • Proposed Order (filed 6/13/08)
• Amended MOTION to Amend/Correct MOTION to Hold in Abeyance Any Petition for Attorney's Fees & Costs (filed 6/13/08)
  • Proposed Order (filed 6/13/08)
• NOTICE of Intent to Appeal (filed 7/7/08)
• NOTICE OF APPEAL to the Supreme Court (filed 7/8/08)
• Transmission of Notice of Appeal and Docket Sheet to US Supreme Court regarding Notice of Appeal (filed 7/15/08)
• Joint MOTION for Extension of Time to File Any Petition for Attorneys' Fees and Costs and To Hold in Abeyance All Proceedings on Any Such Petition (filed 7/17/08)
  • Proposed Order (filed 7/17/08)
• AMENDED MEMORANDUM OPINION (entered 9/4/08)
• SECOND AMENDED MEMORANDUM OPINION (entered 9/11/08)
• Joint Motion for Entry of Consent Judgment and Decree (filed 10/7/09)
• Consent Judgment and Decree (filed 11/3/09)

Related Documents

• An Act to Amend the Voting Rights Act of 1965, P.L. 109-246 (July 27, 2006)