On October 25, 2021, a coalition of African-American and Latino Texans and a Latino voting rights organization filed a federal lawsuit against the Texas Governor and Secretary of State challenging the state's enacted congressional redistricting plan as violating the federal Voting Rights Act. Specifically, the plaintiffs allege that the enacted congressional plan strategically "cracks" and "packs" Latino and African-American populations in several regions across the state, thereby resulting in the dilution of those groups' voting strength in violation of Section 2 of the Voting Rights Act. The plaintiffs are seeking a judicial declaration that the congressional plan violates the Voting Rights Act, an injunction barring the defendants from implementing or utilizing the plan in future elections, and for the court to order or otherwise cause the adoption of new, lawful redistricting plan. Specifically, plaintiffs are requesting the court order a congressional plan that includes: (a) two additional majority-Latino districts in South and West Texas; (b) a district that gives Latino residents of District 23 a reasonable opportunity to elect candidates of their choice; (c) an additional majority-Latino or majority-Latino-and-African-American district in the Dallas-Forth Worth area; and (d) an additional majority-Latino or majority-Latino-and-African-American district in the Houston area.
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; Fair Maps Texas Action Comm. v. Abbott; Mexican Am. Legislative Caucus v. Texas; Brooks v. Abbott; & Texas State Conf. of the NAACP 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 several of the plaintiffs' claims for lack of standing. Specifically, the court held the Voto Latino plaintiffs lacked organizational, associational, and individual standing to pursue their claims against Congressional Districts 2, 20, 34, 35, and the six unspecified districts in the Dallas-Fort-Worth area described in their complaint.
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-965 [consolidated with 3:21-cv-259, 1:21-cv-943, 1:21-cv-988, 1:21-cv-991, 1:21-cv-1006, 1:21-cv-1038, 3:21-cv-299, 3:21-cv-306]
- Complaint - 10/25/21
- Order Constituting Three-Judge Court - 11/8/21
- Plaintiffs' Motion for Reconsideration of Order Convening Three-Judge Court and for Remand to the U.S. District Court for the Western District of Texas - 11/12/21
- Order - 11/12/21
- Advisory Regarding Pending Motion to Consolidate - 11/15/21
- Amended Order - 11/16/21
- Defendants' Motion to Dismiss - 11/16/21
- Defendants' Combined Response to Plaintiffs' Motion for Reconsideration and Reply in Support of Defendants' Motion to Consolidate - 11/17/21
- Order Consolidating Cases - 11/19/21
- First Amended Complaint - 4/21/22
- Memorandum Opinion and Order - 5/23/22