Last Updated: January 9, 2015 at 1:13 PM
Voting for America v. Skeen
Case Information
Date Filed: February 13, 2012
State: Texas
Issues: State Voter Registration Databases, Voter Registration
Courts that Heard this Case: U.S. District Court for the Southern District of Texas (Case 3:12-cv-00044); U.S. Fifth Circuit Court of Appeals (Case 12-40914)
Issue:
Whether Texas' state voter registration procedures violate the NVRA.
Status:
Complaint filed 2/3/12. Motion to Dismiss filed 3/25/12. Answer filed 3/27/12. Texas' Motion to Intervene Granted 6/8/12. Opinion and Order on Motion for Preliminary Injunction filed 8/2/12. Defendant Skeen's Notice of Appeal filed 8/16/12. Order Granting Stay Pending Appeal Issued issued 9/6/12. 5th Circuit oral argument schedule entered 9/26/12. Appellee's Brief filed 11/16/12. Appellant's Reply Brief filed 11/26/12. Opinion filed 10/3/13. Mandate issued 11/26/13. Order denying motion to dismiss filed 1/29/14. Motion for Leave to file a Second Amended Complaint filed 4/7/14. Order for Recusal filed 9/22/14. Defendant's Notice of Non-Consent filed 10/28/14. Agreed Motion to Dismiss with Prejudice filed 1/6/15. Order granting Motion to Dismiss filed 1/7/15.
Circuit Court of Appeals Documents
- Per Curiam Opinion Explaining Granting of Stay
(filed 9/26/12) - Briefing and Oral Argument Schedule
(filed 9/26/12) - Appellant's Brief
(filed 10/26/12) - Eagle Forum Education and Legal Defense Fund Motion to File Amicus Curiae Brief
(filed 11/2/12)
- Order Granting Motion to File Amicus Brief
(filed 11/7/12)
- Order Granting Motion to File Amicus Brief
- Appellant's Record Excerpts
(filed 11/16/12) - Appellee's Brief
(filed 11/16/12) - Brief of Amici Curiae Brennan Center for Justice
(filed 11/21/12) - Texas Legislature Amici Curiae Brief
(filed 11/23/12) - Appellant's Reply Brief
(filed 11/26/12) - Appellant's Rule 28(j) Letter
(filed 7/1/13) - Response to Rule 28(j) Letter
(filed 7/5/13) - Appellee's Motion for Recusal of Judge Edith Jones
(filed 7/15/13) - Order Denying Motion to Remove Judge Edith Jones
(filed 7/17/13) - Published Opinion Reversing Lower Court
(filed 10/3/13) - Judgment
(filed 10/3/13) - Appellee Petition for Rehearing En Banc
(filed 10/17/13) - Clerk's Letter Regarding Rehearing En Banc
(filed 10/29/13) - Letter From Clerk Requesting Response to En Banc Petition
(filed 10/30/13) - Response to Petition for Rehearing En Banc
(filed 11/5/13) - Order Denying En Banc Petition
(filed 11/18/13) - Mandate Issued
(filed 11/26/13)
District Court Documents
- Complaint
(filed 2/13/12) - First Amended Complaint
(filed 3/15/12) - Johnson's Motion to Dismiss
(filed 3/25/12) - Johnson's Brief in Support of Motion to Dismiss
(filed 3/26/12) - Andrade's Answer
(filed 3/27/12) - Johnson's Amended Brief in Support of Motion to Dismiss
(filed 4/13/12) - Court Scheduling Order
(filed 4/17/12) - Plaintiff's Opposition to Defendant's Motion to Dismiss and Supporting Memorandum of Law
(filed 4/30/12)
- Appendix A (Congressional Record)
(filed 4/30/12) - Appendix B (Republican County Chairmen)
(filed 4/30/12) - Appendix C (Democratic County Chairmen)
(filed 4/30/12) - Appendix D (Federal Voter Registration and Absentee Ballot Request)
(filed 4/30/12) - Appendix E (Harvard Law Review Article)
(filed 4/30/12) - Appendix F (Law at Issue)
(filed 4/30/12) - Appendix G (State Election Advisory)
(filed 4/30/12) - Appendix H (Project Vote Website)
(filed 4/30/12) - Appendix I (Voter Registration Guide)
(filed 4/30/12) - Appendix J (Howard Law Journal)
(filed 4/30/12) - Appendix K (NVRA)
(filed 4/30/12) - Appendix L
(filed 4/30/12) - Appendix M (Gonzalez v. Arizona)
(filed 4/30/12)
- Appendix A (Congressional Record)
- Defendant Johnson's Reply to Plaintiff's Response to her Motion to Dismiss
(filed 5/08/12) - Plaintiff's Motion for Preliminary Injunction and Accompanying Memorandum of Law
(filed 5/10/12)
- Appendix A (Declaration of Michael Slater)
(filed 5/10/12) - Appendix B (Gonzalez v. Arizona)
(filed 5/10/12) - Appendix C (State Election Advisory)
(filed 5/10/12) - Appendix D (Harris County Volunteer Deputy Voter Registration requirements)
(filed 5/10/12) - Appendix E (ACORN v. Scott)
(filed 5/10/12) - Appendix F (International Women's Day March v. San Antonio)
(filed 5/10/12) - Appendix G (Rios v. Bexar Metropolitan Water Dist.)
(filed 5/10/12) - Appendix H (Smith v. Matthews)
(filed 5/10/12)
- Appendix A (Declaration of Michael Slater)
- Defendant Andrade's Reply to Plaintiff's Opposition to Motion to Dismiss
(filed 5/10/12) - Defendant Andrade's Response to Plaintiff's Motion for Preliminary Injunction
(filed 5/24/12) - Plaintiff's Exhibit List
(filed 5/24/12) - Plaintiff's Witness List
(filed 5/24/12) - Defendant Johnson's Response to Plaintiff's Motion for Preliminary Injunction
(filed 5/24/12) - Defendant Andrade's Objections to Plaintiff's Exhibits
(filed 6/4/12) - Plaintiff's Reply to Defendants' Responses to Plaintiff's Motion for Preliminary Injunction
(filed 6/4/12) - Exhibit and Witness List
(filed 6/4/12)
- Texas Administrative Code
(filed 6/4/12) - Texas Volunteer Deputy Registrar Guide
(filed 6/4/12)
- Texas Administrative Code
- Witness List
(filed 6/4/12) - Defendant Johnson's No Objection Response to Plaintiff's Exhibit List
(filed 6/4/12) - Defendant Johnson's Witness List
(filed 6/4/12) - Texas' Unopposed Motion to Intervene
(filed 6/6/12) - Order Granting Motion to Intervene
(filed 6/8/12) - Defendant Andrade's Briefing on First Amendment
(filed 6/8/12) - Plaintiff's Comparative Statement Regarding State Voter Registration Laws
(filed 6/15/12) - Plaintiff's Supplemental Memorandum in Support of Preliminary Injuction
(filed 6/19/12) - Defendant Andrade's Post-submission Brief
(filed 6/19/12) - Johnson's Post-hearing Submission in Support of Motion to Dismiss
(filed 6/19/12) - Order on Motion for Preliminary Injunction
(filed 8/2/12) - Andrade's Motion for Stay of Preliminary Injunction
(filed 8/3/12) - Plaintiffs' Opposition to Defendant Andrade's Motion for Stay
(filed 8/7/12) - Andrade's Reply in Support of Motion to Stay Preliminary Injunction
(filed 8/8/12) - Order Modifying Preliminary Injunction and Denying Motion for Stay
(filed 8/14/12) - Defendant Andrade's Notice of Appeal
(filed 8/16/12) - Andrade's Appeal
(filed 8/17/12) - Order Granting Stay Pending Appeal
(filed 9/6/12) - Order of United States Supreme Court
(filed 10/4/12)
- Response to Amended Complaint
(filed 12/21/12) - Order Denying Motion to Dismiss
(filed 1/29/14) - Plaintiffs' Notice of Intent not to File a Petition for Certiorari
(filed 2/5/14) - Response to Notice of Intent not to File Petition for Certiorari
(filed 2/10/14) - Johnson's Response to Notice of Intent not to File Petition for Certiorari
(filed 2/11/14) - Plaintiffs' Motion for Leave to File a Second Amended Complaint
(filed 4/7/14)
- Plaintiffs' Support of Motion for Leave to File Second Amended Complaint
(filed 5/8/14) - Order of Recusal
(filed 9/22/14) - Defendant's Notice of Non-Consent
(filed 10/28/14) - Agreed Motion to Dismiss with Prejudice
(filed 1/6/15) - Order granting Motion to Dismiss
(filed 1/7/15)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
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A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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