Last Updated: May 4, 2016 at 5:49 PM
Texas v. United States
Case Information
Date Filed: July 19, 2011
State: Texas
Issue: Redistricting
Courts that Heard this Case: United States District Court for the District of Columbia (Case 1:11-cv-01303); United States Supreme Court (Case 12-496); 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. Opinion affirming district court filed 8/18/15.
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)
- Motion for Judicial Notice of 2012 Primary Results
(filed 7/05/12)
- Defendant-Intervenors' Response to Motion for Judicial Notice
(filed 7/19/12)
- Reply Memorandum of Defendant-Intervenors' in Support of Motion for Judicial Notice of Results from 2012 Primary
(filed 7/25/12)
- Order on Motions to Take Judicial Notice
(filed 8/28/12)
- Order Denying Motion to Intervene
(filed 8/28/12)
- Opinion
(filed 8/28/12)
- Final Judgment
(filed 8/28/12)
- Notice of Appeal to the Supreme Court of the United States
(filed 8/31/12)
- Unopposed Motion to Postpone and Hold in Abeyance Filings of Motions for Attorney's Fees
(filed 9/10/12)
- Notice of Receipt of Appeal
(filed 10/23/12)
- Leave to File Denied: Letter from Robert Allensworth (filed 6/20/13)
- Plaintiff's Motion to Dismiss
(filed 7/3/13)
- Order Denying Motion
to Dismiss and Motion for Summary Judgment
(filed 7/1/13)
- Davis Motion for Leave
to File Amended Answer and Counterclaim
(filed 7/3/13)
- Proposed Order
(filed 7/3/13)
- Proposed Order
- Plaintiff's Unopposed Motion to Extend Filing Time
(filed 7/12/13)
- Proposed Order
(filed 7/12/13)
- Proposed Order
- Plaintiff's 2nd Unopposed Motion to Extend Time
(filed 7/15/13)
- Proposed Order
(filed 7/15/13)
- Proposed Order
- Minute Order Granting Defendant-Intervenor's Unopposed Motion for Extention of Time (filed 7/16/13)
- Minute Order Granting Plaintiff's 2nd Unopposed Motion for Extension of Time (filed 7/16/13)
- United States' Motion for Extension of Time
(filed 7/16/13)
- Minute Order Granting United States' Unopposed Motion for Extension of Time (filed 7/16/13)
- US Response to Intervenor's Motion to Amend
(filed 7/25/13)
- US Response to Motion to Dismiss
(filed 7/25/13)
- Latino Redistricting Response to Motion to Dismiss
(filed 7/26/13)
- MALC's Response to Motion to Dismiss
(filed 7/26/13)
- Plaintiff's Opposition to Defendants' Motion to Amend
(filed 7/26/13)
- Defendant's Memo in Opposition to Dismissal
(filed 7/26/13)
- Certified Copy of SCOTUS Judgment
(filed 7/29/13)
- Memorandum and Order of Dismissal
(filed 12/3/13)
- Gonzales' Motion for Fees
(filed 12/17/13)
- Davis' Motion for Fees
(filed 12/17/13)
- NAACP's Motion for Fees
(filed 12/17/13)
- Declaration of Gary Bledsoe
(filed 12/17/13)
- Declaration of Gary Bledsoe
- Advisory on Attorney's Fees
(filed 12/22/13)
- Davis' Reply to Plaintiff's Opposition to Fees
(filed 12/29/13)
- Gonzales Intervenor's Reply Supporting Motion for Fees
(filed 1/7/14)
- Notice of Supplemental Authority
(filed 1/10/14)
- Exhibit A
(filed 1/10/14)
- Exhibit A
- Order Dissolving Three-Judge District Court
(filed 1/22/14)
- Notice of Supplemental Authority
(filed 5/29/14)
- Order
(filed 6/18/14)
- Order granting Motion for Attorney Fees
(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)
- Order
(filed 03/17/16)
- Unopposed Motion to Amend Order Awarding Attorneys' Fees
(filed 04/22/16)
- ORDER granting Unopposed Motion to Amend Order Awarding Attorneys Fees
(filed 04/26/16)
Court of Appeals Documents
- Texas' Motion for Stay
(filed 6/25/14)
- Texas' Motion to Withdraw Stay
(filed 6/25/14)
- Certificate as to Parties, Rulings, and Related Cases
(filed 7/23/14)
- Certificate as to Parties, Rulings, and Related Cases
(filed 7/25/14)
- Certificate as to Parties, Rulings, and Related Cases
(filed 7/28/14)
- Texas' Statement of Intent regarding Appendix
(filed 7/28/14)
- Certificate as to Parties, Rulings, and Related Cases
(filed 7/28/14)
- Texas' Statement of the Issues
(filed 7/28/14)
- Texas' Motion for Reversal
(filed 8/11/14)
- Letter regarding attorney membership
(filed 8/22/14)
- Davis Appellee's Response to Motion for Reversal
(filed 8/25/14)
- Gonzales' Appellee's Response to Motion for Reversal
(filed 8/25/14)
- Texas' Reply in Support of Motion for Reversal
(filed 9/3/14)
- Per Curiam Order
(filed 10/3/14)
- Clerk's Order
(filed 10/10/14)
- Joint Response
(filed 10/28/14)
- Clerk's Scheduling Order
(filed 11/04/14)
- Texas' Opening Brief
(filed 12/15/14)
- Joint Appendix
(filed 12/15/14)
- USA Letter advising that will not file brief
(filed 1/14/15)
- Joint Appellee Brief
(filed 1/14/15)
- Order scheduling Oral Argument
(filed 1/27/15)
- Letter filed by Appellee
(filed 3/31/15)
- Per Curiam Order
(filed 4/8/15)
- Clerk's Order
(filed 4/8/15)
- Per Curiam Judgment
(filed 8/18/15)
- Opinion
(filed 8/18/15)
- Clerk's Order
(filed 8/18/15)
- Defendant-Intervenor-Appellees' Joint Motion for Appellate Attorneys' Fees
(filed 8/28/15)
- CLERK'S ORDER: Any Response to the Motion For Attorneys' Fees due Oct. 1
(filed 9/8/15)
- Response in Opposition to Joint Motion for Appellate Attorneys' Fees
(filed 10/1/15)
- Reply in Support of Joint Motion for Appellate Attorneys' Fees
(filed 10/7/15)
- PER CURIAM ORDER pending further order of the Court
(filed 10/29/15)
- Motion for Attorneys' fees
(filed 02/03/16)
- Response in Opposition
(filed 02/12/16)
- REPLY in support of Intervenors-Appellees' Motion for Attorneys' Fees
(filed 02/18/16)
- PER CURIAM ORDER to the district court
(filed 03/17/16)
- Judgement
(filed 03/17/16)
Supreme Court Documents
- Appellant's 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)
- Appellant's Reply Brief
(filed 12/13/12)
- Appellee's Motion to Dismiss Appeal as Moot (filed 6/24/13)
- Distributed for Conference (filed 6/25/13)
- Opposition to Motion to Dismiss Appeal by Appellant (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)
- LETTER received from the Clerk of the Supreme Court Re: a writ of certiorari
(filed 10/22/15)
- LETTER from the Clerk of the Supreme Court denying the petition for writ of certiorari
(filed 01/25/16)
Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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