Last Updated: August 13, 2014 at 8:37 AM

Texas v. Holder

Case Information

Date Filed: January 24, 2012
State: Texas
Issues: Voting Rights Act, Voter ID
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:12-cv-00128); United States Supreme Court (Case 12-1028)

Issue:

Whether Texas' voter ID law should be granted preclearance under section 5 of the Voting Rights Act.

Status:

Complaint Filed 1/24/12. Answer filed 4/9/12. Trial commenced 7/10/12. Opinion Denying Texas' Request for a Declaratory Judgment on Count One issued 8/30/12. Plaintiff's Motion for Summary Judgment filed 10/1/12. Order entering final judgment on claim one filed 12/17/12. Notice of Appeal to Supreme Court filed 12/19/12. Lawyer's Committee Motion to Affirm filed 5/9/13. DOJ's Motion to Affirm filed 5/9/13. Rodriguez Intervenor's Motion to Affirm filed 5/9/13. Judgment Vacated and Remanded in light of Shelby County v. Holder filed 6/27/13. Case dismissed on 8/27/13. Order denying Kennie-Intervenros' Motion for Attorney's Fees filed 8/11/14.

Supreme Court Documents

• Texas' Jurisdictional Statement (filed 2/19/13)
• Lawyer's Committee's Motion to Affirm (filed 5/9/13)
• DOJ's Motion to Affirm (filed 5/9/13)
• Rodriguez Intervenor's Motion to Affirm (filed 5/9/13)
• Distributed for Conference (filed 6/25/13)
• Judgment Vacated and Remanded in light of Shelby County v. Holder (filed 6/27/13)
• Judgment issued (filed 7/29/13)

District Court Documents

• Complaint (filed 1/24/12)
• Proposed Intervenors' Answers (filed 2/23/12)
• Answer to Complaint by Texas NAACP and MALC (filed 3/15/12)
• Amended Complaint (filed 3/15/12)
• Answer to first Amended Complaint (filed 3/22/12)
• Motion for Protective Order Regarding Legislative Privilege (filed 3/22/12)
• US Motion for Protective Order (filed 3/27/12)
• Answer to Amended Complaint by NAACP (filed 3/29/12)
• Response to US' Motion for Protective Order (filed 3/29/12)
• Joint Opposition to Plaintiff's Motion for Protective Order (filed 3/29/12)
• Defendant's Response in Opposition to Protective Order (filed 3/29/12)
• Joint Memorandum in Support of US' Motion for Protective Order (filed 3/29/12)
• Protective Order (filed 3/30/12)
• Texas' Reply on Legislative Privilege (filed 4/2/12)
• Answer to Complaint (filed 4/9/12)
• US' Opposition to Legislative Protection (filed 4/10/12)
• Notice on Production of Legislative History (filed 4/11/12)
• Answer of Defendant-Intervenors (filed 4/13/12)
• Proposed Answer of Defendant-Intervors (filed 4/13/12)
• Proposed Answer of Defendant to First Amended Complaint (filed 4/13/12)
• Motion in Favor of Protective Order (filed 4/13/12)
• Kennie's Answer to First Amended Complaint (filed 4/19/12)
• Order Denying Motion for Protective Order (filed 4/20/12)
• Notice of Legislative Privelege Order (filed 4/24/12)
• Texas' Response to Motion to Continue Trial (filed 4/27/12)
• Texas' Response to Motion to Compel (filed 4/30/12)
• Holder's Motion for Protective Order (filed 5/3/12)
• Memo in Support of Motion to Compel (filed 5/3/12)
• Response to Protective Order (filed 5/11/12)
• Declaration of Dr. Gary King (filed 5/11/12)
• Protective Order (filed 5/17/12)
• Texas' Advisory Concerning Discovery Requests (filed 5/18/12)
• Attorney General's Motion for Protective Order (filed 5/18/12)
• Order Compelling Texas to Properly Assert Privilege (filed 5/21/12)
• Texas' Motion to Compel Interrogatories and Supporting Memorandum (filed 5/21/12)
• Texas' Advisory Notice on Lt. Gov. Dewhurst's Deposition (filed 5/21/12)
• Texas' Motion for Protective Order (filed 5/21/12)
• Holder's Motion for Protective Order (filed 5/21/12)
• Defendant-Intervenor's Motion to Compel Production of Documents and Deposition Testimony (filed 5/21/12)
• Holder's Motion to Compel Production of Testimony and Documents (filed 5/21/12)
  • Memorandum of Points and Authorities in Support of Holder's Motion to Compel (filed 5/21/12)
  • Attorney General's Proposed Order Compelling Production (filed 5/21/12)
  • Beuck Deposition (filed 5/21/12)
  • Fraser Deposition (filed 5/21/12)
  • Harless Deposition (filed 5/21/12)
  • McCoy Deposition (filed 5/21/12)
  • United States' First Set of Requests for Production of Documents (filed 5/21/12)
  • Texas' Response to First Set of Requests for Production of Documents (filed 5/21/12)
  • Revised Privilege Logs (filed 5/21/12)
  • Harless Documents (filed 5/21/12)
  • Dewhurst Documents (filed 5/21/12)
  • Objection Letter (filed 5/21/12)
  • Busbee Docket (filed 5/21/12)
  • Busbee Order (filed 5/21/12)
  • Contested Privilege Index (filed 5/21/12)
  • Waivers (filed 5/21/12)
  • Sweeten email (filed 5/21/12)
  • Texas' ROG Response (filed 5/21/12)
  • Dewhurst Release (filed 5/21/12)
• Order on Motion to Clarify (filed 5/22/12)
• Updated Privilege Logs (filed 5/23/12)
• Holder Deposition Withdrawal Notice (filed 5/24/12)
• Order on Motion for Protective Order (filed 5/24/12)
• Holder's Notice that Texas' Latest Privilege Logs Were Produced After Discovery Deadline (filed 5/24/12)
• Defendant-Intervenors' Response to Motion to Compel and Cross Motion for Protective Order (filed 5/24/12)
• Holder's Memorandum Opposing Motion to Compel Federal Non-Party Agencies (filed 5/24/12)
• Response in Opposition to Defendant and Defendant-Intervenors' Motions to Compel (filed 5/24/12)
• Attorney General's Notice of Compliance with Court Order (filed 5/25/12)
• Attorney General's Motion to Compel the Production of TES Documents (filed 5/25/12)
• Texas' Notice of Compliance with Court Order (filed 5/26/12)
• Court Order on Discovery Disputes (filed 5/28/12)
• Defendant-Intervenor's Reply Memorandum in Support of Attorney General's Motion to Compel (filed 5/29/12)
• Attorney General's Reply Memorandum in Support of Motion to Compel (filed 5/29/12)
  • Texas v. U.S. Transcript (filed 5/29/12)
  • Election Code Cases Spreadsheet (filed 5/29/12)
  • Harless Website (filed 5/29/12)
  • Al Dia Article (Spanish) (filed 5/29/12)
  • Texas Watchdog Article (filed 5/29/12)
  • Texas GOP Interview (filed 5/29/12)
• Texas' Reply in Support of Motion to Compel (filed 5/29/12)
• Texas' Reply to Defendant-Intervenor's Response to Motion to Compel (filed 5/29/12)
• Attorney General's Motion to Seal Exhibit (filed 5/29/12)
• Reply Memorandum in Support of Attorney General's May 25 Motion to Compel (filed 5/30/12)
• Plaintiffs Motion to Modify Scheduling Order (filed 5/31/12)
• Defendant-Intervenors' Opposition to Plaintiff's Motion to Modify Scheduling Order (filed 6/1/12)
• Holder's Motion to Compel (filed 6/5/12)
• Court Order on Motions to Compel (filed 6/5/12)
• Holder's Response to Plaintiff's Motion to Modify Scheduling Order (filed 6/5/12)
• Holder's Motion to Modify May 7 Scheduling Order (filed 6/5/12)
• Joint Motion to Modify Scheduling Order (filed 6/6/12)
• Holder's Notice of Correction (filed 6/6/12)
• Defendant-Intervenor's Response to Holder's Motion to Modify (filed 6/7/12)
• Joint Motion to Modify Scheduling Order (filed 6/7/12)
• Court Order on Motion to Compel (filed 6/7/12)
• Response in Opposition to Holder's Motion to Compel Dewhurst Deposition (filed 6/7/12)
• Holder's Reply Memorandum in Support of Motion to Compel Dewhurst Deposition (filed 6/8/12)
• Response in Opposition to Holder's Motion to Modify Scheduling Order (filed 6/8/12)
• Court Order on Texas' Motion to Compel (filed 6/8/12)
• Holder's Reply in Support of Motion to Modify (filed 6/11/12)
• Motion to Withdraw Brianna Williams as Defendant-Intervenor (filed 6/11/12)
• Texas' Motion for Protective Order (filed 6/13/12)
• Court Order Resolving Scheduling Disputes (filed 6/13/12)
• Holder's Memorandum in Opposition to Texas' Motion for a Protective Order (filed 6/14/12)
• Court Order on Motion to Compel Deposition of Lt. Gov. (filed 6/14/12)
• Reply to Holder's Response in Opposition to Plaintiff's Motion for Protective Order (filed 6/14/12)
• Order on Texas' Motion for a Protective Order (filed 6/15/12)
• Plaintiff's Unopposed Motion to Modify (filed 6/18/12)
• Plaintiff's Legislative Privilege Motion in Limine (filed 6/20/12)
• Plaintiff's Newly Disclosed Witnesses Motion in Limine (filed 6/20/12)
• Plaintiff's Motion to Exclude Testimony of Allan J. Lichtman (filed 6/20/12)
• Plaintiff's Motion in Limine to Preclude an Adverse Inference Based on Assertion of Legislative Prvilege (filed 6/20/12)
• Notice of Plaintiff's Live Witness List (filed 6/20/12)
• Plaintiff's Motion in Limine on Subjective Intent of Individual Legislators (filed 6/20/12)
• Defendant-Intervenors' Notice of Intended Witness Testimony (filed 6/20/12)
• Proposed Findings of Fact and Conclusions of Law Relating to Defendant-Intervenors (filed 6/20/12)
• Holder's Notice of Trial Witnesses (filed 6/20/12)
• Plaintiff's Motion to Exclude Testimony of J. Morgan Kousser (filed 6/20/12)
• Proposed Findings of Fact and Conclusions of Law (filed 6/20/12)
• State Voter Registration Instructions (filed 6/20/12)
• Prior Court Opinions (filed 6/20/12)
• Court Opinions and Expert Declarations (filed 6/20/12)
• Survey and Depositions (filed 6/20/12)
• Depositions (filed 6/20/12)
• Senate Journal (filed 6/20/12)
• Voter Fraud Cases (filed 6/20/12)
• Texas' Joint Appendix (filed 6/20/12)
  • Legislative History of Bill (filed 6/20/12)
  • Floor Discussion of Bill (filed 6/20/12)
  • Senate Minutes (filed 6/20/12)
  • Senate Hearing (filed 6/20/12)
  • Consideration of Bill (filed 6/20/12)
  • Continued Consideration of Bill (filed 6/20/12)
  • Final Text of Bill (filed 6/20/12)
  • Senate Discussion of Bill (filed 6/20/12)
  • Continued Senate Discussion of Bill (filed 6/20/12)
  • Voter Fraud Hearning (filed 6/20/12)
  • Voter Fraud Hearing Part II (filed 6/20/12)
  • House Journal (filed 6/20/12)
  • House Floor Debate (filed 6/20/12)
  • House Committee on Elections (filed 6/20/12)
  • List of Amendments Offered (filed 6/20/12)
  • Marked-up Bill (filed 6/20/12)
  • Senate Minutes and Witness List (filed 6/20/12)
  • Transcript of Senate Proceedings (filed 6/20/12)
  • Continued Transcript of Senate Proceedings (filed 6/20/12)
  • Transcript of Senate Proceedings Part 3 (filed 6/20/12)
  • Senate Journal and Demographic Data (filed 6/20/12)
  • Demographic Data and Voter ID Locations (filed 6/20/12)
  • Analysis of Effects of Photo ID on Voter Turnout in Indiana (filed 6/20/12)
  • Commission on Federal Election Reform (filed 6/20/12)
  • Commission on Federal Election Reform Continued (filed 6/20/12)
  • FEC Letter and Advisory Opinions (filed 6/20/12)
  • Memos, Articles and Data on Voter Fraud (filed 6/20/12)
  • Voter Registration Applications (filed 6/20/12)
  • Certified Mail Receipts (filed 6/20/12)
  • Crawford v. Marion County Election Board (filed 6/20/12)
  • Senate Floor Debate (filed 6/20/12)
  • Senate Hearing (filed 6/20/12)
  • Senate Hearing Volume 2 (filed 6/20/12)
  • Senate Hearing Volume 3 (filed 6/20/12)
  • Texas House Committee on Elections (filed 6/20/12)
  • Texas House Committee on Elections Volume 2 (filed 6/20/12)
  • Texas House Committee on Elections Volume 3 (filed 6/20/12)
  • Hearing Volume 4 (filed 6/20/12)
  • House Committee on Elections Hearing (filed 6/20/12)
  • House Floor Debate (filed 6/20/12)
  • House Journal (filed 6/20/12)
  • Senate Journal (filed 6/20/12)
  • HB 1706 Floor Discussion (filed 6/20/12)
• Motion to Extend Deadline to Exclude Expert Testimony (filed 6/20/12)
• Holder's Motion in Limine to Exclude Testimony of Major Forrest Mitchell (filed 6/20/12)
• Notice of Plaintiff's Affirmative Deposition Designations (filed 6/20/12)
• Request for Judicial Notice (filed 6/21/12)
• Holder's Motion to Exclude Testimony of Alan Sager (filed 6/23/12)
• Holder's Proposed Findings of Fact and Conclusions of Law (filed 6/25/12)
• Notice of Trial Exhibit Index (filed 6/25/12)
• Opposition to Motion in Limine Concerning Allan J. Lichtman (filed 6/25/12)
• Opposition to Motion in Limine to Exclude Evidence Based on Legislative Privilege (filed 6/25/12)
• Opposition to Motion in Limine to Exclude Witnesses Based on Legislative Privilege (filed 6/25/12)
• Opposition to Motion in Limine Based on Subjective Intent of Legislators (filed 6/25/12)
• Opposition to Motion in Limine to Exclude Major Mitchell (filed 6/25/12)
• Notice of Filing Supplement Including Case Law (filed 6/25/12)
• Holder's Opposition to Texas' Motion in Limine (filed 6/25/12)
• Holder's Opposition to Texas' Motion in Limine Based on Subjective Intent (filed 6/25/12)
• Opposition to Plaintiff's Motion in Limine to Preclude Testimony of Debeauvoir and Pippins-Poole (filed 6/25/12)
• Holder's Memorandum Opposing Texas' Motion in Limine on Waiver of Legislative Privilege (filed 6/25/12)
• Holder's Opposition to Texas' Motion to Exclude Kousser (filed 6/25/12)
• Notice Concerning Agreement Between Parties (filed 6/27/12)
• Defendant-Intervenors' Joint Request for Judicial Notice (filed 6/27/12)
• Defendant-Intervenors' Response to Plaintiff's Proposed Findings of Fact (filed 6/27/12)
• Defendant-Intervenors' Supplemental Proposed Findings of Fact (filed 6/27/12)
  • Appendix (filed 6/27/12)
  • Affidavit, Data and Expert Reports (filed 6/27/12)
  • Declaration, State Data and Passport Application (filed 6/27/12)
  • Texas Legislature Testimony (filed 6/27/12)
  • Demographic Data (filed 6/27/12)
  • Citizen Letters on Voter ID (filed 6/27/12)
  • Texas House Committee on Elections Interim Report 2008 (filed 6/27/12)
  • Texas Voting Data Background (filed 6/27/12)
  • Media Coverage of Bill (filed 6/27/12)
  • Correspondence on Bill (filed 6/27/12)
• Notice of Stipulation (filed 6/29/12)
• Reply in Support of Plaintiff's Motion in Limine on Subjective Intent (filed 6/29/12)
• Reply in Support of Plaintiff's Motion in Limine to Preclude Testimony by Newly Disclosed Witnesses (filed 6/29/12)
• Reply in Support of Plaintiff's Motion in Limine Regarding Legislative Privilege (filed 6/29/12)
• Reply in Support of Plaintiff's Motion in Limine to Preclude Evidence Protected by Legislative Privilege (filed 6/29/12)
• Reply in Support of Plaintiff's Motion to Exclude J. Morgan Kousser (filed 6/29/12)
• Reply in Support of Plaintiff's Motion to Exclude Allan J. Lichtman (filed 6/29/12)
• Reply Memorandum in Support of Motion in Limine Regarding Major Mitchell (filed 6/29/12)
• Holder's Second Notice of Filing Trial Exhibits (filed 6/30/12)
  • Texas Driver's License Office Locations (filed 6/30/12)
  • State Voter Identification Requirements (filed 6/30/12)
  • List of Bills Passed by Texas' Legislature (filed 6/30/12)
  • Governor's Communications on Voter ID (filed 6/30/12)
  • Media Coverage (filed 6/30/12)
  • Media Coverage Part 2 (filed 6/30/12)
  • Media Coverage Part 3 (filed 6/30/12)
  • Emails on Voter ID (filed 6/30/12)
  • Voter Fraud Article (filed 6/30/12)
  • Texas' House Committee Goals (filed 6/30/12)
• Plaintiff's Response to Defendant-Intervenors' Proposed Findings of Facts and Conclusions of Law (filed 7/1/12)
• Plaintiff's Response to Holder's Proposed Findings of Fact and Conclusions of Law (filed 7/1/12)
• Holder's Motion for Immediate Relief (filed 7/2/12)
• Plaintiff's Exhibit List (filed 7/2/12)
• Holder's Proposed Findings of Fact Concerning Expert Depositions (filed 7/2/12)
• Notice of Expert Deposition Designations (filed 7/2/12)
  • Absolabehere Deposition (filed 7/2/12)
  • Flores Deposition (filed 7/2/12)
  • Kousser Deposition (filed 7/2/12)
  • Marker Deposition (filed 7/2/12)
  • Sager Deposition Part 1 (filed 7/2/12)
  • Sager Deposition Part 2 (filed 7/2/12)
  • Shaw Deposition (filed 7/2/12)
• Defendant-Intervenors' Exhibit List (filed 7/2/12)
• Plaintiff's Response to Defendant's Motion for Immediate Relief (filed 7/3/12)
• Advisory Regarding Deposition Designations (filed 7/3/12)
• Holder's Second Request for Judicial Notice (filed 7/3/12)
• Reply Memorandum in Support of Holder's Findings of Fact and Conclusions of Law (filed 7/5/12)
• Defendant-Intervenors' Memorandum in Support of Defendant-Intervenors' Proposed Findings of Fact (filed 7/5/12)
• Defendant-Intervenors' Reply to Plaintiff's Objections (filed 7/5/12)
• Holder's Reply to Texas' Counter-Designations (filed 7/5/12)
• Clarification of Reply in Support of Proposed Findings of Fact (filed 7/6/12)
• Texas' Response to Joint Request for Judicial Notice (filed 7/6/12)
• Defendant-Intervenors' Reply in Support of their Joint Request for Judicial Notice (filed 7/9/12)
• Defendant-Intervenors' Amended List of Trial Exhibits (filed 7/12/12)
• Transcript of Video Testimony of Senator Carlos Uresti (filed 7/12/12)
• Corrected Supplemental Expert Declaration of Thomas Sager (filed 7/12/12)
• Advisory Regarding Election Identification Certificates (filed 7/12/12)
• Rodriguez Intervenors' Advisory to the Court Clarifying the Documents Needed to Obtain an Election Identification Certificate (filed 7/13/12)
• Holder's Notice of Objections to Texas' Trial Exhibits (filed 7/13/12)
• Holder's Notice of Revised Trial Exhibit List (filed 7/13/12)
• Notice of Withdrawal of Trial Exhibits (filed 7/16/12)
• Holder's Eighth Notice of Filing Trial Exhibits (filed 7/16/12)
• Texas' Objections to Holder's Trial Exhibits (filed 7/17/12)
• Index of Texas' Revised Trial Exhibits (filed 7/18/12)
• Texas' Trial Exhibits (filed 7/18/12)
• Response to Plaintiff's Notice of Objections to Defendant-Intervenors' Trial Exhibits (filed 7/19/12)
• Holder's Response to Plaintiff's Objections to Defendant's Trial Exhibits (filed 7/26/12)
• Holder's Response to Texas' Advisory Regarding Election Identification Certificates (filed 7/26/12)
• Notice of Recent Opinion Regarding Voter ID (filed 8/3/12)
• Notice of Recent District Court Decision on Third-Party Voter Registration (filed 8/3/12)
• Attorney General's Notice of Filing Section 5 Determination (filed 8/20/12)
• Opinion Denying Texas' Request for a Declaratory Judgment on Count One (filed 8/30/12)
• Order (filed 8/30/12)
• Notice of Filing Section 5 Determination (filed 9/5/12)
• Joint Report Regarding Proposed Schedule for Claim Two (filed 9/12/12)
• Attorney General's Notice of Filing of No-Determination Letter (filed 9/12/12)
• Scheduling Order (filed 9/14/12)
• Unopposed Motion for Extension of Time to File Reply Briefs (filed 9/21/12)
• Plaintiff's Motion for Summary Judgment (filed 10/1/12)
• Memorandum in Support of Defendant-Intervenors' Cross-Motion for Summary Judgment (filed 10/22/12)
• Defendant-Intervenors' Cross-Motion for Summary Judgment (filed 10/22/12)
• Holder's Motion for Summary Judgment (filed 10/22/12)
• Reply Brief in Support of Plaintiff's Motion for Summary Judgment (filed 11/1/12)
• Defendant-Intervenors' Reply in Further Support of their Cross-Motion for Summary Judgment (filed 11/13/12)
• Reply Memorandum in Opposition to Plaintiff's Motion for Summary Judgment (filed 11/13/12)
• Order to Show Cause Not to Defer Case (filed 11/16/12)
• Notice Concerning Shelby County v. Holder (filed 11/29/12)
• Texas' Response to Show Cause Order (filed 11/29/12)
• Plaintiff's Motion for Entry of Final Judgment (filed 11/30/12)
• Defendant-Intervenors' Opposition to Texas's Motion for Entry of Final Judgment (filed 12/14/12)
• Holder's Response to Motion for Entry of Final Judgment (filed 12/14/12)
• Order Entering Final Judgment on Claim One (filed 12/17/12)
• Notice of Appeal to U.S. Supreme Court (filed 12/19/12)
• Unopposed Motion to Hold Filings of Attorney Fee Motions in Abeyance (filed 12/21/12)
• Notice of Appeal Filed with Supreme Court (filed 2/22/13)
• Notice of Decision in Shelby (filed 7/25/13)
• Certified Copy of SCOTUS Judgment (filed 7/29/13)
• Plaintiff Motion to Dismiss (filed 8/8/13)
  • Proposed Order Dismissing (filed 8/8/13)
• Rodrigues' Response to Motion to Dismiss (filed 8/22/13)
• Attorney General's Response to Motion to Dismiss (filed 8/22/13)
• Defendants' Response to Motion to Dismiss (filed 8/22/13)
• Order Dismissing Case (filed 8/27/13)
• Kennie Defendant-Intervener's Motion for Fees (filed 9/10/13)
• Advisory from Texas on Kennie's Motion for Fees (filed 9/12/13)
• Kennie Intervenors' Notice of Supplemental Authority (filed 5/30/14)
  • Exhibit
• Memorandum and Order (filed 8/11/14)
• Order denying Kennie-Intervenors' Motion for Attorney's Fees (filed 8/11/14)