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.

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]

United States Court of Appeals for the Fifth Circuit - No. 23-40582

Supreme Court of the United States - No. 23A449

Supreme Court of the United States - No. 23A521