Texas Current Court Cases
Nine (9) federal court cases, from the Court’s official docket sheet, that have been consolidated before the three-judge federal court panel in El Paso under the name of the first filed case LULAC v. Abbott et al.
A limited and really incomplete factual summary of some of the current cases is available on the Texas Legislative Council’s Website: https://redistricting.capitol.texas.gov/history .
Federal Court Cases
First Filed Case
LULAC v. Abbott et al
Related Cases
Fair Maps Texas Action Committee et al v Abbott et al
Wilson v State of Texas et al |
Voto Latino et al v Scott et al |
Mexican American Legislative Caucus v State of Texas Et al |
Brooks et al v Abbott Et al |
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Martinez Fisher v Scott
In The NewsBrennan Center: Redistricting Litigation Roundup, find out more here - Redistricting Litigation Roundup
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Texas Supreme Court
CASE SUMMARY — REGARDING THE STATE COURT REDISTRICTING CASES
GOVERNMENTAL IMMUNITY STANDING
GOVERNMENTAL IMMUNITY STANDING
Click link below to view appellate briefs or case events for case: 22-0008:
Abbott v. Mexican Am. Legis. Caucus, Tex. House of Representatives, granted on notation of probable jurisdiction over direct appeal, — Tex. Sup. Ct. J. — (January 21, 2022) [22-0008]
Abbott v. Mexican Am. Legis. Caucus, Tex. House of Representatives, granted on notation of probable jurisdiction over direct appeal, — Tex. Sup. Ct. J. — (January 21, 2022) [22-0008]
"This direct appeal arises from two suits challenging the constitutionality of the Legislature’s recent reapportionment of the State’s senatorial and representative districts based on the 2020 census. The suits were transferred to and consolidated before a special three-judge district court under Chapter 22A of the Government. In the direct appeal, the State parties challenge the special trial court’s interlocutory order on their pleas to the jurisdiction."
"Both cases were transferred to and consolidated before a special three-judge district court under Chapter 22A of the Government Code. The State filed pleas to the jurisdiction against the plaintiffs and their claims."
"The State filed a direct appeal in the Supreme Court. The Court may hear a direct appeal from an order of from a special three-judge district court. Accordingly, the Court noted probable jurisdiction to address the merits of the appeal and ordered briefing.
Oral argument is set for March 23, 2022."
Oral argument is set for March 23, 2022."
MALC v Abbott"In November 2021, the Mexican American Legislative Caucus, Texas House of Representatives (MALC) sued the Governor and the Secretary of State in Travis County district court to challenge the constitutionality of HB1, which reapportioned Texas’s representative districts. MALC alleges that HB1 is unconstitutional because it violates Article III, section 26 of the Texas Constitution—the “county line rule”— by splitting the Cameron County line twice, extending in two different directions into two different contiguous counties to form two distinct state representative districts. MALC seeks declaratory and injunctive relief."
Click link to view case: redistricting.capitol.texas.gov/docs/history/2020s/MALC_v_Abbott.pdf
"As to MALC, the State argued (1) that the special trial court lacks jurisdiction over MALC’s claims because its purported ultra vires claims against the Governor and the Secretary of State are based on allegations that these two government officials were acting consistently with an unconstitutional statute and (2) that MALC has not established associational standing or organizational. The trial court granted the State’s motion on those grounds."
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GUTIERREZ V STATE OF TEXAS"In a separate case filed the same month, two state senators, a registered voter, and the Tejano Democrats (collectively, the Gutierrez plaintiffs) sued the State of Texas in Travis County district court to challenge the validity of both HB1 and SB4--
SB4 reapportioned the Texas senatorial districts. The Gutierrez plaintiffs allege that (1) HB1 and SB4 are invalid because they were enacted during a special session of the Legislature rather than during “the first regular session” after the publication of the census or, if not then, by the Legislative Redistricting Board, as required by the Texas Constitution and (2) HB1 violates the county line rule and dilutes the legislative representation of Cameron County." Click link to view case: https://www.democracydocket.com/wp-content/uploads/2021/09/Gutierrez-v-Abbott-Original-Complaint.pdf
"As to the Gutierrez plaintiffs, the State argued that the special trial court lacks subject-matter jurisdiction over these plaintiffs because the claims are not traceable to or redressable by the State of Texas and they cannot overcome sovereign immunity. The State also argued that the Gutierrez plaintiffs lack standing because (1) one of the state senators and the voter do not claim to be injured and the other state senator’s alleged injury is not traceable to the new map and an injunction would not redress that alleged harm, and (2) the Tejano Democrats have not plausibly alleged associational or organizational standing. The trial court denied the plea in part and granted it in part as to the claims for injunctive relief."
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Texas Scheduled HearingsThere are two (2) state court cases, MALC v. Abbott and Gutierrez v. Texas, that will be heard by the Texas Supreme Court on direct appeal (oral arguments scheduled for March 23, 2022), construing the language in the Texas Constitution requiring that redistricting occur during the first regular session of the legislature following the publication of the Census and the “County Line Rule” for state House districts. See: Texas Constitution Article III, Secs. 25, 26 and 28.
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County and Other Local Cases
Pettaway v. Galveston County
Involving the JP precincts in Galveston County
Click link to view case: https://campaignlegal.org/sites/default/files/2022-01/2022-01-18%20Doc%2054%20Plaintiffs%27%20Motion%20to%20File%20Supplemental%20Complaint.pdf
The Daily News by John Wayne Ferguson Feb 21, 2022 - Federal judge nixes piggyback challenge of Galveston County redistricting map
Click on link to read article: https://www.galvnews.com/news/free/article_92cc1f76-eff6-5c8c-95e2-3f10881b9c5c.html
Click on link to read article: https://www.galvnews.com/news/free/article_92cc1f76-eff6-5c8c-95e2-3f10881b9c5c.html
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The Brennan Center for Justice provides a way to track Texas cases.
Use this research tool at https://www.brennancenter.org/search/?q=Texas&. |