On November 5, 2021, the Texas State Conference of the NAACP filed a federal lawsuit against Texas's Governor and Secretary of State challenging the state's enacted congressional, state House, and state Senate plans as violating the U.S. Constitution and federal Voting Rights Act. The plaintiff asserts three different claims against all three of the plans. First, plaintiff claims that they are racial gerrymanders in violation of the 14th and 15th Amendments because race was the predominant consideration when drawing various districts' boundaries. Second, plaintiff alleges that all three plans violate Section 2 of the Voting Rights Act because they all "crack" and "pack" African-American populations resulting in the dilution of their voting strength. Finally, plaintiff asserts that all three plans were enacted with a discriminatory purpose against voters of color in violation of the 14th Amendment and Section 2 of the Voting Rights Act. Plaintiff seeks a judicial declaration that various districts within each plan are unconstitutional and unlawful, an injunction barring the plans from being implementing or utilizing the plans in future elections, and for the court to order or otherwise cause new, valid congressional and legislative plans to be adopted.
On November 19, 2021, the district court consolidated this case with several other pending challenges to Texas redistricting plans: League of United Latin Am. Citizens v. Abbott; Wilson v. Texas; Voto Latino v. Scott; Mexican Am. Legislative Caucus v. Texas; Brooks v. Abbott; & Fair Maps Texas Action Comm. v. Abbott. On December 10, 2021, another case was consolidated with these challenges, United States v. Texas, and on December 15, 2021, Fischer v. Scott was consolidated as well.
On May 23, 2022, the district court issued an opinion and order dismissing the plaintiffs' claims on the grounds the plaintiffs' lacked standing to pursue all three of their claims and failed to state a claim with respect to their Section 2 claim.
For a complete list of filings in this litigation, see the case page for League of United Latin Am. Citizens v. Abbott.
U.S. District Court for the Western District of Texas, Austin Division - No. 1:21-cv-1006 [consolidated with 3:21-cv-259, 1:21-cv-943, 1:21-cv-965, 1:21-cv-988, 1:21-cv-991,1:21-cv-1038; 3:21-cv-299; & 3:21-cv-306]
- Complaint - 11/5/21
- Order Constituting Three-Judge Court - 11/18/21
- Order Consolidating Cases - 11/19/21
- Memorandum Opinion and Order - 5/23/22