Perry v. Davis

Consolidated with:

Perry v. Perez
Perry v. Perez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-714	W.D. Tex.	Jan 9, 2012 Tr.Aud.	Jan 20, 2012	9-0	Per Curiam	OT 2011

Holding: Because it is unclear whether the U.S. District Court for the Western District of Texas followed the appropriate standards in drawing interim maps for the 2012 Texas elections, the orders implementing those maps are vacated, and the cases are remanded for further proceedings consistent with this opinion.

Judgment: Interim redistricting maps returned for further consideration in a per curiam opinion on January 20, 2012.

SCOTUSblog Coverage

Two primaries in Texas? (Lyle Denniston)
UPDATE: Court rejects Texas maps, delays W.Va. map (Lyle Denniston)
A way out on Texas? (Lyle Denniston)
Argument preview: Texas, the courts, and minority voters (Lyle Denniston)
December grants: In Plain English (Amy Howe)
Is Section 5 on the line right now? (Lyle Denniston)
U.S. joins Texas cases argument (Lyle Denniston)
U.S. opposes Texas election maps (Lyle Denniston)
Texas pushes its election maps (Lyle Denniston)
Texas primary set for April 3 (Lyle Denniston)
Some Texas election plans gel (Lyle Denniston)
Texas asks split primaries (Lyle Denniston)
Texas voting in 2012: A three-court puzzle (UPDATED) (Lyle Denniston)
Texas election maps blocked, for now (Lyle Denniston)
What's at stake in Texas election cases (Lyle Denniston)
Texas seeks delay of election maps (Lyle Denniston)

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Amicus Briefs in Support of the Appellees

Brief for for the Organization of Chinese Americans Greater Houston Chapter

Jurisdictional-stage briefs and documents

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Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

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The Supreme Court released orders from the April 12 conference on Monday; the justices called for the views of the U.S. solicitor general in Rutledge v. Pharmaceutical Care Management Association.
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On Tuesday, the justices heard oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust.
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On Thursday, the justices met for their April 18 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
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  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
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  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Editor's Note :

Perry v. Davis

SCOTUSblog Coverage

Briefs and Documents

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

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