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Abbott v. Perez

Consolidated with Abbott v. Perez (17-626)
Docket No.17-586
Op. BelowW.D. Tex.
ArgumentApr 24, 2018

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 and remanded, 5-4, in an opinion by Samuel Alito on Jun 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.

Proceedings & orders timeline

Oct 17, 2017
Statement as to jurisdiction filed. (Response due November 20, 2017)
Oct 17, 2017
Appendix of Greg Abbott, Governor of Texas, et al. filed.
Nov 20, 2017
Motion to dismiss or affirm and supplemental appendix filed by appellees Eddie Rodriguez, et al.
Nov 20, 2017
Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed.
Dec 4, 2017
Reply of appellants Greg Abbott, Governor of Texas, et al. filed.
Dec 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
Jan 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
Jan 12, 2018
Further 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. 17-626 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, 2018
Because 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.”
Jan 30, 2018
Joint motion for divided argument and enlargement of time for oral argument filed by appellees. VIDED
Jan 31, 2018
Joint Blanket Consent filed by appellees, Shannon Perez, et al., and appellees, Mexican American Legislative Caucus, filed. VIDED
Feb 1, 2018
Blanket Consent filed by appellants, Greg Abbott, Governor of Texas, et al. VIDED
Feb 2, 2018
Application (17A825) for leave to file appellants' brief on the merits and the reply brief on the merits in excess of the word limits, submitted to Justice Alito. VIDED
Feb 6, 2018
Application (17A825) granted by Justice Alito for leave to file appellants' brief on the merits and the reply brief on the merits in excess of the word limits. VIDED
Feb 23, 2018
SET FOR ARGUMENT on Tuesday, April 24, 2018. VIDED
Feb 26, 2018
Brief of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED.
Feb 26, 2018
Brief of appellee United States in support of appellants filed. VIDED.
Feb 26, 2018
Joint appendix filed. VIDED
Mar 5, 2018
Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed. VIDED. (Distributed)
Mar 7, 2018
CIRCULATED
Mar 23, 2018
Motion for divided argument filed by the Solicitor General. VIDED.
Mar 28, 2018
Brief of appellees Perez, et al. (Congressional Districts) filed (No. 17-586). (Distributed)
Mar 28, 2018
Brief of appellees Perez, et al. (State House Districts) filed (No. 17-626). (Distributed)
Apr 4, 2018
Brief amici curiae of Common Cause and The Voting Rights Institute filed. VIDED. (Distributed)
Apr 4, 2018
Brief amici curiae of Campaign Legal Center; Lawyers' Committee for Civil Rights Under Law; NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
Apr 13, 2018
Motion of the Solicitor General for divided argument and the motion of appellees for enlargement of time for oral argument and for divided argument are granted, and the time is divided as follows: 25 minutes for appellants, 10 minutes for the Solicitor General in support of appellants, 15 minutes for appellees in No. 17-586, and 20 minutes for appellees in No. 17-626.
Apr 17, 2018
Reply of appellee United States in support of appellants filed. VIDED. (Distributed)
Apr 17, 2018
Reply of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED. (Distributed)
Apr 24, 2018
Argued. 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, 2018
Judgment REVERSED, 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. 17-626, Judgment REVERSED IN PART, AFFIRMED IN PART, and case REMANDED).
Jul 27, 2018
JUDGMENT ISSUED.

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