Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Texas v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-496 TBD TBD TBD TBD TBD

Issue: (1) Whether the district court erred and exacerbated the constitutional difficulties with Section 5 of the Voting Rights Act of 1965 by requiring Texas to increase the number of majority-minority congressional districts in response to population growth, by treating “coalition” and “crossover” districts as protected under Section 5, and by applying a “functional” definition of retrogression that fails to give covered jurisdictions fair notice of the redistricting decisions that will be deemed to violate Section 5; (2) whether the district court erred and exacerbated the constitutional difficulties with Section 5 by finding a discriminatory purpose under the new permissive standard adopted by Congress in the 2006 reauthorization in attempting to abrogate this Court’s decision in Reno v. Bossier Parish School Bd.; (3) whether the district court erred and exacerbated the constitutional difficulties with Section 5 by allowing private intervenors to challenge the Texas Senate map, even though the Department of Justice conceded that this map was entitled to preclearance; and (4) whether the 2006 reauthorization of Section 5, as so construed, is constitutional, to the extent that the district court did not err in construing Section 5.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 19 2012Statement as to jurisdiction filed. (Response due November 23, 2012)
Nov 14 2012Order extending time to file response to petition to and including December 7, 2012, for all appellees.
Dec 7 2012Motion to affirm filed by Appellee-Intervenors.
Dec 7 2012Motion to affirm in part filed by appellee United States.
Dec 7 2012Motion to affirm filed by appellees Wendy Davis, et al.
Dec 7 2012Motion to dismiss or affirm filed by intervenor-appellee Texas Latino Redistricting Task Force.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Dec 13 2012Reply of appellant Texas, Appellant filed. (Distributed)
Jun 24 2013Motion to dismiss appeal as moot filed by appellees Wendy Davis,et al.
Jun 25 2013DISTRIBUTED for Conference of June 26, 2013.
Jun 25 2013Opposition to motion to dismiss appeal as moot by appellant Texas filed. (Distributed)
Jun 27 2013Judgment VACATED and case REMANDED for further consideration in light of Shelby County v. Holder, 570 U.S. ___ (2013), and the suggestion of mootness of appellees Wendy Davis, et al.
Jul 29 2013JUDGMENT ISSUED.
 
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