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Abbott v. Perez

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-626 W.D. Tex. Apr 24, 2018
 Jun 25, 2018 5-4 Alito OT 2017

Holding: The district court disregarded the presumption of legislative good faith and improperly reversed the burden of proof when it required the state to show a lack of discriminatory intent in adopting new districting plans; one of the challenged state house districts is an impermissible racial gerrymander.

Judgment: Reversed in part and affirmed in part and remanded, 5-4, in an opinion by Justice Alito on June 25, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 27 2017Statement as to jurisdiction filed. (Response due November 29, 2017)
Oct 27 2017Appendix of Greg Abbott, Governor of Texas, et al. filed.
Nov 29 2017Motion to dismiss or affirm filed by appellees Mexican American Legislative Caucus, et al.
Nov 29 2017Brief amici curiae of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed.
Nov 29 2017Motion to dismiss or affirm filed by appellees Texas Latino Redistricting Task Force.
Dec 13 2017Reply of appellants Greg Abbott, Governor of Texas, et al. filed.
Dec 20 2017DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 12 2018Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. Further consideration of the question of jurisdiction in No. 17-586 is postponed to the hearing of the case on the merits. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 12 2018Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-586. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-586. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Feb 23 2018SET FOR ARGUMENT on Tuesday, April 24, 2018. VIDED
Mar 07 2018CIRCULATED
Apr 24 2018Argued. For appellants: Scott A. Keller, Solicitor General of Texas, Austin, Tex. For appellee United States in support of appellants: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees in 17-586: Max Renea Hicks, Austin, Tex. For appellees in 17-626: Allison J. Riggs, Durham, N. C. VIDED
Jun 25 2018Adjudged to be REVERSED IN PART, AFFIRMED IN PART, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined. VIDED. (No. 17-586, Judgment REVERSED, and case REMANDED).
Jul 27 2018JUDGMENT ISSUED.