CASE SUMMARY

On September 1, 2021, two members of the Texas Senate and a Latino voting rights organization filed a federal lawsuit against Texas’s Governor and acting Secretary of State challenging the state’s legislative redistricting plans as unconstitutionally malapportioned in violation of the 14th Amendment’s one person, one vote requirement. Plaintiffs argued, however, that Article III, § 28 of the Texas Constitution prohibited the Texas Legislature from enacting new plans until its next regular session in 2023, as well as prohibiting the backup redistricting authority, the Legislative Redistricting Board, from taking over until the Legislature had an attempt, meaning no valid plans could be enacted before the 2022 elections. They sought a judicial declaration the current plans were unconstitutional, an injunction barring their use in future elections, and for the court to impose interim legislative plans for the 2022 elections.

• On September 30, 2022, the plaintiffs filed a motion to nonsuit their claims against the defendants and the case was officially closed on October 4, 2022.

CASE LIBRARY

U.S. District Court for the Western District of Texas, Austin Division - No. 1:21-cv-769

• Complaint - 9/1/21
• Plaintiffs' Motion to Convene Three-Judge Panel - 9/1/21
• Order Constituting Three-Judge Court - 9/2/21
• Plaintiffs' Motion for Preliminary Injunction - 9/13/21
• Defendants' Unopposed Motion for Leave to Exceed Page Limits for Their Motion to Dismiss - 9/14/21
• Defendants' Motion to Dismiss or Abate Proceedings - 9/15/21
• Response to Plaintiffs' Motion for Preliminary Injunction - 9/28/21
• Plaintiffs' Response to Defendants' Motion to Dismiss - 9/29/21
• Order - 9/30/21
• Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction - 10/5/21
• Defendants' Reply in Support of Their Motion to Dismiss or Abate Proceedings - 10/8/21
• Defendants' Opposed Motion to Consolidate - 10/20/21
• Order - 10/22/21
• Plaintiffs' Response to Defendants' Opposed Motion to Consolidate - 10/25/21
• Joint Advisory Regarding Enactment of Redistricting Plans - 10/26/21
• Order - 10/26/21
• Defendants' Reply in Support of Their Motion to Consolidate - 11/1/21
• Defendants' Partially Opposed Second Motion to Consolidate - 11/4/21
• Order - 11/9/21
• Joint Status Report - 3/4/22
• Order Staying Case - 4/28/22
• Joint Status Report - 6/2/22
• Plaintiffs' Motion for Nonsuit - 9/30/22
• Joint Advisory - 10/3/22
• Order Closing Case - 10/4/22