CASE SUMMARY
On March 24, 2022, the U.S. Department of Justice filed a federal lawsuit against Galveston County, Texas, the Galveston County Commissioners Court, and the Commissioner Court’s presiding officer challenging the Court’s adopted Commissioners Court redistricting plan as having the intent and result of diluting Black and Hispanic voters’ voting strength in violation of § 2 of the federal Voting Rights Act (“VRA”). They sought a judicial declaration that the plan violates the VRA, an injunction barring the plan from use in future elections, and a court order requiring the defendants to adopt a new, lawful plan.
- On June 1, 2022, the district court consolidated this case with two other federal lawsuits challenging the Galveston County Commissioners Court redistricting plan.
- The district court held a 10-day bench trial from August 8 to August 18, 2023.
- On October 12, 2023, the district court struck down the County’s plan as violating the VRA, enjoined it from use in future elections, and ordered the County to adopt a remedial plan and submit it to the court by October 20, 2023. The defendants appealed to the U.S. Court of Appeals for the Fifth Circuit two days later and requested stays from both the district court and Fifth Circuit.
- The district court denied the stay on October 15 but the Fifth Circuit granted a temporary administrative stay on October 18 and held oral arguments on November 7, 2023.
- On November 10, 2023, the Fifth Circuit affirmed the district court’s decision but also extended its administrative stay pending a polling of judges to rehear the case en banc.
- On November 16, the plaintiffs filed an emergency application to vacate the Fifth Circuit’s stay with the U.S. Supreme Court. On November 28, the Fifth Circuit agreed to rehear the case en banc and later clarified its administrative stay had expired after agreeing to rehear the case, prompting SCOTUS to dismiss the plaintiffs’ application as moot on December 1. The Fifth Circuit issued a stay pending their resolution of the appeal on December 7, 2023.
- On December 8, the plaintiffs filed a second emergency application to vacate the Fifth Circuit’s stay with the U.S. Supreme Court which the Court denied on December 12, 2023.
- The case was heard by the En Banc Fifth Circuit in May 2024.
- On August 1, 2024, the Fifth Circuit issued its opinion reversing the district court's findings and remanded the case to evaluate the plaintiffs' racial gerrymandering and intentional discrimination claims.
CASE LIBRARY
U.S. District Court for the Southern District of Texas, Galveston Division - No. 3:22-cv-93 [together with Nos. 3:13-cv-308; 3:22-cv-117]
- Complaint - 3/24/22
- Order for Conference and Disclosure of Interested Parties - 3/25/22
- Defendants' Consent Motion to Extend Deadline to File Responsive Pleading - 4/20/22
- Order - 4/25/22
- Defendants' Motion to Stay - 5/17/22
- Order Denying Motion to Stay - 5/24/22
- First Amended Complaint - 5/31/22
- Order of Consolidation - 6/1/22
- Plaintiffs' Opposed Motion to Request Scheduling Conference for Consolidated Cases - 6/28/22
- Defendants', Galveston County's and Hon. Judge Mark Henry's, Response to Plaintiffs' Motion to Request Scheduling Conference - 6/28/22
- Petteway Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss - 6/29/22
- NAACP Plaintiffs' Opposition to Defendants' Motion to Dismiss - 6/29/22
- Order - 6/29/22
- United States' Opposition to Defendants' Motion to Dismiss - 7/5/22
- Defendants', Galveston County's and Hon. Judge Mark Henry's, Reply Brief in Support of Their Motion to Dismiss Second Amended Complaint of Hon. Michael Montez, et al. - 7/6/22
- Defendants', Galveston County's, Hon. Judge Mark Henry's, and Dwight D. Sullivan's, Reply Brief in Support of Their Motion to Dismiss First Amended Complaint of Dickinson Bay Area Branch NAACP, et al. - 7/6/22
- Defendants', Galveston County, Texas, Galveston County Commissioners Court, and Hon. Mark Henry's, in His Capacity as Galveston County Judge, Reply Brief in Support of Their Motion to Dismiss the First Amended Complaint of the United States of America - 7/12/22
- Consent Motion for Entry of Stipulation and Order Regarding Discovery of Documents and Electronically Stored Information - 8/12/22
- Defendants' Notice of Additional Authority - 9/8/22
- Petteway Plaintiffs' Response to Defendants' Notice of Additional Authority - 9/23/22
- United States' Response to Defendants' Notice of Additional Authority - 9/29/22
- Consolidated Defendants' Renewed Motion to Stay - 9/30/22
- Petteway Plaintiffs' Response in Opposition to Defendants' Renewed Motion to Stay - 10/21/22
- United States' Response in Opposition to Defendants' Renewed Motion to Stay - 10/21/22
- Petteway Plaintiffs' Notice of Additional Authority - 10/27/22
- Reply in Support of Consolidated Defendants' Renewed Motion to Stay - 10/28/22
- Order Denying Defendants' Renewed Motion to Stay - 11/17/22
- Joint Discovery Dispute Letter - 1/4/23
- United States' Designation of Expert Witnesses - 1/13/23
- Petteway Plaintiffs' Designation of Experts - 1/13/23
- NAACP Plaintiffs' Notice of Designation of Testifying Experts - 1/13/23
- Joint Discovery Dispute Letter - 1/25/23
- Joint Letter Requesting Ruling on Discovery Dispute - 2/16/23
- Defendants' Response in Opposition to the United States' Motion to Compel - 2/21/23
- Defendants' Response in Opposition to Plaintiffs' Motion to Compel - 2/21/23
- NAACP and Petteway Plaintiffs' Reply in Support of Joint Motion to Compel Production - 2/21/23
- United States' Reply in Support of Its Motion to Compel Production - 2/21/23
- Parties' Joint Motion for Trial Setting - 3/3/23
- Order Setting Trial - 3/8/23
- Joint Consent Motion for the Entry of Standing Protective Order - 3/13/23
- Standing Protective Order - 3/14/23
- Defendants' Designation of Expert Witnesses - 3/17/23
- Memorandum Opinion and Order - 3/30/23
- Memorandum Opinion and Order - 3/30/23
- Memorandum Opinion and Order - 3/30/23
- Joint Letter Requesting Ruling on Discovery Dispute - 4/7/23
- Defendants' Consent Motion for Extension of time to File Answers in Response to Plaintiffs' Operative Complaints - 4/13/23
- Order - 4/14/23
- Consent Motion for Leave to Take Certain Depositions Out of Time - 4/14/23
- Order - 4/17/23
- Order - 4/17/23
- Order - 4/19/23
- Order - 4/19/23
- Joint Motion of NAACP Plaintiffs, Petteway Plaintiffs, and Defendants to Supplement Motion to Compel Production of Documents - 4/21/23
- Defendants' Answer to the Petteway Plaintiffs' Second Amended Complaint - 4/21/23
- Defendants' Answer to the NAACP and LULAC Plaintiffs' First Amended Complaint - 4/21/23
- Defendants' Answer to the USA Plaintiff's First Amended Complaint - 4/21/23
- Defendants' Motion for an Extension of the April 28 Dispositive Motions Deadline and Request for Expedited Ruling - 4/25/23
- Order - 4/25/23
- Joint Letter Requesting Ruling on Discovery Dispute - 4/26/23
- NAACP Plaintiffs' and United States' Response in Opposition to Defendants' Motion for Extension of Time - 4/27/23
- Petteway Plaintiffs' Response to Defendants' Motion for Extension of Time - 4/27/23
- Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for an Extension of Time to File Dispositive Motions - 4/28/23
- Order - 4/28/23
- Amended Docket-Control Order - 4/28/23
- Joint Letter Requesting Ruling on Discovery Dispute - 5/1/23
- Order - 5/1/23
- Private Plaintiffs' Supplement to the/ Motion to Compel - 5/2/23/
- Defendant's Opposition to Private Plaintiffs' Supplement to the Motion to Compel - 5/5/23
- Order - 5/8/23
- Letter from Commissioner Holmes - 5/9/23
- NAACP Plaintiffs' Notice of Filing Declarations in Support of First Amendment Privilege - 5/9/23
- Defendants' Unopposed Motion for LEave to File a Single Motion for Summary Judgment in Consolidated Case [...] - 5/9/23
- Order - 5/10/23
- Letter Regarding Discovery Dispute Rebuttal Expert Report Underlying Materials - 5/10/23
- Defendants' Motion for Summary Judgment - 5/12/23
- Opinion and Order - 5/15/23
- NAACP Plaintiffs' Unopposed Motion to Extend Page Limit for Response to Defendants' Motion for Summary Judgment - 5/30/23
- Order - 5/31/23
- Order - 6/2/23
- NAACP Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- Petteway Plaintiffs' Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- United States' Opposition to Defendants' Motion for Summary Judgment - 6/2/23
- Defendant's Partially Opposed Motion for Leave to File a Single Reply to the Responses to the Motion for Summary Judgment [...] - 6/14/23
- Order - 6/15/23
- Joint Motion to Clarify Time Allotted for Trial - 6/16/23
- Defendants' Consolidated Reply in Support of Their Motion for Summary Judgment - 6/16/23
- Defendants' Motion to Exclude Portions of Dr. Matthew Barreto's Expert and Rebuttal Reports - 6/16/23
- Defendants' Motion to Exclude Dr. LaFleur Stephens-Dougan's Expert Report - 6/16/23
- Order - 6/20/23
- NAACP Plaintiffs' Opposition to Defendants' Motion to Exclude Dr. LaFleur Stephens-Dougan's Expert Report - 7/7/23
- Petteway Plaintiffs' Opposition to Defendants' Motion to Exclude Portions of Dr. Barreto's Expert and Rebuttal Reports - 7/7/23
- Order - 7/11/23
- Order - 7/18/23
- Defendants' Trial Witness List - 7/18/23
- [Proposed] Plaintiffs' Pretrial Order - 7/18/23
- Plaintiffs' Designations of Deposition Testimony - 7/18/23
- Defendants' Exhibit List - 7/18/23
- Defendants' Objections to Plaintiffs' Proposed Trial Exhibits - 7/18/23
- Defendants' Deposition Designations and Objections and Counter-Designations to Plaintiffs' Deposition Designations - 7/18/23
- The Parties' Amended Joint Exhibit List - 7/24/23
- Order - 7/26/23
- Consolidated Plaintiffs' Motion to Admit Expert Reports - 7/27/23
- Notice of Filing Consolidated Plaintiffs' Amended Exhibit List - 7/28/23
- Defendants' Response to Plaintiffs' Motion to Admit Expert Reports - 8/1/23
- Order - 8/4/23
- Order - 8/6/23
- Defendants' Opposed Motion for Extension of Time to File Closing Briefs and Findings [...] - 9/6/23
- Opposition to Defendants' Motion for Extension of Time - 9/6/23
- Order - 9/6/23
- Order - 9/8/23
- Notice Regarding Plaintiffs' Exhibit List - 9/11/23
- Consolidated Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 9/11/23
- Petteway Plaintiffs' Closing Statement - 9/11/23
- Petteway Plaintiffs' Proposed Trial Order - 9/11/23
- NAACP/LULAC Plaintiffs' Closing Statement - 9/11/23
- United States' Post-Trial Brief - 9/11/23
- Defendants' Closing Brief - 9/11/23
- Defendants' Proposed Findings of Fact and Conclusions of Law - 9/11/23
- NAACP/LULAC Plaintiffs' Response to Defendants' Closing Statement - 9/18/23
- Petteway Plaintiffs' Response to Defendants' Written Closing - 9/18/23
- United States' Post-Trial Brief in Response - 9/18/23
- Defendants' Response to Plaintiffs' Closing Briefs - 9/18/23
- Findings of Fact and Conclusions of Law - 10/13/23
- Order - 10/13/23
- Defendants' Notice of Appeal - 10/14/23
- Defendants' Emergency Motion to Stay Injunction Pending Appeal - 10/14/23
- Order - 10/15/23
- Private Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Fees and Bill of Costs - 10/19/23
- Order - 10/20/23
- Defendants' Supplemental Admitted Trial Exhibit List - 10/25/23
- Joint Plaintiffs' Emergency Motion for Remedial Order - 11/30/23
- Order - 11/30/23
- Notice of Resetting - 12/1/23
- Defendants' Response to Plaintiffs' Emergency Motion for Remedial Order Pending Appeal and Notice of Request for Response in Fifth Circuit - 12/1/23
- Consent Motion to Substitute Party - 3/7/24
- Rule 25 Statement Noting Death - 3/11/24
- Order - 3/11/24
- Order - 3/15/24
United States Court of Appeals for the Fifth Circuit - No. 23-40582
- Appellants' Emergency Motion for Stay Pending Appeal and for Temporary Administrative Stay - 10/17/23
- Unpublished Order - 10/18/23
- Unpublished Order - 10/19/23
- Appellants' Brief - 10/26/23
- Amicus Curiae Brief of Judicial Watch, Inc. - 11/2/23
- Brief of Appellee Untied States of America - 11/2/23
- Brief for Plaintiffs-Appellees - 11/2/23
- Appellants' Opposed Petition for En Banc Hearing - 11/2/23
- Petteway Appellees' Brief - 11/2/23
- Brief of the Lawyers' Committee for Civil Rights Under Law as Amicus Curiae - 11/2/23
- Letter from the Court Regarding Petition for En Banc Hearing - 11/3/23
- Letter Regarding Corrected Cites - 11/3/23
- Petteway Appellees' Response to Appellants' En Banc Petition - 11/6/23
- Appellee United States of America's Response to Petition for En Banc Hearing - 11/6/23
- Response of Plaintiffs-Appellees - 11/6/23
- Appellants' Consolidated Reply Brief - 11/6/23
- Supplemental Letter from DOJ - 11/9/23
- Supplemental Letter from NAACP/LULAC - 11/9/23
- Opinion - 11/10/23
- Judgment - 11/10/23
- Order - 11/10/23
- Letter to the Court Regarding Important Deadlines - 11/15/23
- Order - 11/28/23
- Order - 11/30/23
- Letter to the Court Regarding Motion for Stay Pending Appeal - 11/30/23
- Letter to the Court in Opposition to Appellants' Motion for Stay Pending Appeal - 12/1/23
- Appellants' Renewed Emergency Motion to Stay Pending Appeal - 12/1/23
- Another Letter to the Court in Opposition to Appellants' Motion for Stay Pending Appeal - 12/1/23
- Order Requesting Response - 12/1/23
- Letter to the Court Regarding Notice of Resetting - 12/1/23
- Response in Opposition to Appellants' Emergency Motion to Stay [...] - 12/4/23
- Petteway Plaintiffs' Response in Opposition to Appellants' Emergency Motion to Stay [...] - 12/4/23
- Response of Appellee United States of America to Appellants' Renewed Emergency Motion to Stay [...] - 12/4/23
- Appellees' Reply in Support of Their Renewed Emergency Motion to Stay Pending Appeal - 12/5/23
- Order - 12/7/23
- Appellants' Motion for Level 1 Extension of Time to File Brief - 1/2/24
- Order - 1/3/24
- Appellants' Supplemental En Banc Brief - 1/15/24
- Appellees' Joint Unopposed Motion for Extension of Time - 1/18/24
- Consent Motion for Leave to File Amicus Curiae Brief of Judicial Watch, Inc. in Support of Defendants-Appellants - 1/22/24
- Motion for Leave to File Brief of Amici Curiae [NRRT] and Honest Elections Project in Support of Appellants - 1/22/24
- Brief for the State of Texas as Amicus Curiae in Support of Defendants-Appellants - 1/22/24
- Order Granting Motion of amicus curiae Judicial Watch to file a brief in support of Appellant - 2/1/24
- Order Granting Motion of amici curiae NRRT and HEP to file a brief in support of Appellant - 2/1/24
- Brief of Amici Curiae [NRRT and HEP] in Support of Appellants - 2/1/24
- Amicus Curiae Brief of Judicial Watch, Inc. in Support of Defendants-Appellants and Reversal - 2/1/24
- Order Denying Motion of Amicus Curiae, The State of Texas, to file a brief in support of the Appellant - 2/2/24
- Petteway Appellees' Supplemental En Banc Brief - 2/14/24
- Supplemental Brief for Plaintiffs-Appellees [...] - 2/14/24
- Supplemental En Banc Brief of Appellee United States of America - 2/14/24
- Motion of Constitutional Accountability Center for Leave to File En Banc Amicus Curiae - 2/21/24
- Order - 2/21/24
- En Banc Brief of Constitutional Accountability Center as Amicus Curiae in Support of Plaintiffs-Appellees and Affirmance - 2/21/24
- Motion for Leave to File Brief of the NAACP Legal Defense & Educational Fund, Inc. as Amicus Curiae [...] - 2/21/24
- Motion for Leave to File Brief of Amicus Curiae Lawyers' Committee for Civil Rights Under Law [...] - 2/21/24
- Consent Motion for Leave to File Brief of Amici Curiae the Brennan Center [...] and [AALDEF ...] - 2/21/24
- Brief of Brewer Storefront PLLC as Amicus Curiae in Support of Plaintiffs-Appellees and Affirmance - 2/22/24
- Order Regarding NAACP Legal Defense and Educational Fund - 2/22/24
- Order - 2/22/24
- Brief of Amici Curiae the Brennan Center [...] and [AALDEF ...] - 2/22/24
- Order - 2/22/24
- Unopposed Motion of Brewer Storefront PLLC as Amicus Curiae in Support of Plaintiffs-Appellees and Affirmance - 2/22/24
- Brief of Amicus Curiae Lawyers' Committee for Civil Rights Under Law [...] - 2/22/24
- Letter from Galveston County Commissioners - 2/23/24
- Order - 2/26/24
- Brief of Brewer Storefront PLLC as Amicus Curiae in Support Plaintiffs-Appellees and Affirmance - 2/26/24
- Order - 2/26/24
- Brief of the NAACP Legal Defense & Educational Fund, Inc. as Amicus Curiae in Support of Plaintiff-Appellees - 2/26/24
- Order - 3/14/24
- Case Calendared for Oral Argument on May 14, 2024 - 03/26/24
- Letter to the Court Regarding Case Caption - 03/27/24
- Memorandum Regarding Case Caption Change - 03/27/24
- Opinion and Order - 8/1/24
- Judgment - 8/1/24
- Appellee United States' Opposed Motion to Amend or Correct the Judgment - 8/16/24
- Letter to the Court from the Civil Rights Division of the U.S. Department of Justice - 8/20/24
- Letter to the Court from Greer, Herz & Adams, L.L.P. - 8/20/24
- Appellants' Response to the United States' Opposed Motion to Amend or Correct the Judgment and Appellants' Motion to Amend the Judgment - 8/26/24
- Appellee United States' Reply in Support of its Motion to Amend or Correct the Judgment [...] - 8/28/24
- Petteway Appellees' Response to Appellants' Motion to Amend or Correct the Judgment - 9/3/24
- Plaintiffs-Appellees Dickinson Bay Area Branch NAACP [...] Opposition to Appellants' Motion to Amend Judgment - 9/3/24
- Order - 9/16/24
- Judgment - 9/25/24
- Petteway and NAACP/LULAC Plaintiffs' Reply in Support of Their Motion for Entry of Judgment [...] - 10/24/24
Supreme Court of the United States - No. 23A449
- Application to Vacate Stay - 11/16/23
- Letter to the Clerk - 11/28/23
- Response [...] in Support of Application to Vacate Stay and Appendix - 11/28/23
- Respondents' Response to Emergency Application to Vacate Stay - 11/28/23
- Applicants' Reply in Support of Emergency Application to Vacate the Fifth Circuit's Stay [...] - 11/29/23
- Letter to the Clerk - 11/30/23
- Order Dismissing the Application as Moot - 12/1/23
Supreme Court of the United States - No. 23A521
- Emergency Application to Vacate the Fifth Circuit's Stay of the Order [...] - 12/8/23
- Response to Emergency Applications to Vacate Stay - 12/11/23
- Reply in Support of Emergency Application to Vacate the Fifth Circuit's Stay [...] - 12/11/23
- Opinion Denying Application to Vacate Stay - 12/12/23
U.S. District Court for the Southern District of Texas, Galveston Division - No. 3:22-cv-93 [together with Nos. 3:13-cv-308; 3:22-cv-117] REMAND
- Judgment on Rehearing En Banc - 9/25/24
- On Petition for Rehearing En Banc - Opinion and Order - 9/25/24
- Motion for Expedited Briefing Schedule and for Leave to File Excess Pages - 9/26/24
- Order - 9/26/24
- Petteway and NAACP/LULAC Plaintiffs' Motion for Entry of Judgment on Their Intentional Discrimination and Racial Gerrymandering Claims - 9/26/24
- Defendants' Response to Plaintiffs' Motion for Entry of Judgment - 10/17/24