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Trevino v. Palmer

Petition for certiorari denied on February 20, 2024
Docket No. Op. Below Argument Opinion Vote Author Term
23-484 W.D. Wash. N/A N/A N/A N/A OT 2023

Issues: (1) Whether a single-judge district court’s ruling on a claim under Section 2 of the Voting Rights Act, challenging a legislative district, may divest a three-judge panel of jurisdiction to decide a 14th Amendment challenge to that same district; (2) whether the lower court erred by deciding the Section 2 claim before the three-judge panel issued its opinion on the 14th Amendment claim regarding the same legislative district; (3) whether the lower court erred by finding that plaintiffs satisfied the first precondition in Thornburg v. Gingles even though none of plaintiff’s experts analyzed whether the minority community was geographically compact enough to constitute a majority in a single-member district; (4) whether the lower court erred when it found that the Hispanic population of Washington State House Legislative District 15 was politically cohesive and preferred Democratic candidates, even though the district is a majority-Hispanic district where a Latina Republican won by a 35-point margin in the only election held in the district; (5) whether the lower court erred in finding that white voters—who comprise a minority portion of the citizen voting-age population in Legislative District 15—voted as a bloc against the Hispanic-majority’s preferred candidates, despite the lack of legally significant racially polarized voting; (6) whether the lower court erred in its totality of the circumstances analysis in light of Brnovich v. Democratic National Committee and Allen v. Milligan; and (7) whether the single-judge court had jurisdiction under 28 U.S.C. § 2284?

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 03 2023Petition for a writ of certiorari before judgment filed. (Response due December 7, 2023)
Nov 14 2023Waiver of right of respondents State of Washington; Washington Secretary of State Steven Hobbs to respond filed.
Nov 15 2023Waiver of right of respondents Susan Soto Palmer, Alberto Macias, Faviola Lopez, Caty Padilla, Heliodora Morfin to respond filed.
Nov 21 2023DISTRIBUTED for Conference of 12/8/2023.
Nov 29 2023Response Requested. (Due December 29, 2023)
Dec 01 2023Motion to extend the time to file a response from December 29, 2023 to February 27, 2024, submitted to The Clerk.
Dec 01 2023Correction to Appendix of Jose Trevino, et al. submitted.
Dec 04 2023Response to motion to extend the time to file a response from petitioners filed.
Dec 04 2023Reply in support of motion to extend the time to file a response filed.
Dec 06 2023Motion to extend the time to file a response is denied.
Dec 28 2023Brief amici curiae of National Republican Redistricting Trust, et al. filed.
Dec 29 2023Brief of respondents Susan Soto Palmer, et al. in opposition filed.
Dec 29 2023Brief of respondent Washington in opposition filed. (Distributed)
Jan 02 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Jan 02 2024Reply of petitioners Jose Trevino, et al. filed. (Distributed)
Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
Feb 20 2024Petition DENIED.