Abbott v. Perez
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-586 | 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 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
- Opinion analysis: Texas scores near-complete victory on redistricting (Amy Howe, June 25, 2018)
- A "view" from the courtroom: Wait, wait theres more (Mark Walsh, June 25, 2018)
- Argument analysis: Redistricting again divides justices (Amy Howe, April 25, 2018)
- Argument preview: Texas redistricting battles return to the court (Amy Howe, April 18, 2018)
- Court bulks up this terms docket (UPDATED) (Amy Howe, January 12, 2018)
| Date | Proceedings and Orders |
|---|---|
| 10/17/2017 | Statement as to jurisdiction filed. (Response due November 20, 2017) |
| 10/17/2017 | Appendix of Greg Abbott, Governor of Texas, et al. filed. |
| 11/20/2017 | Motion to dismiss or affirm and supplemental appendix filed by appellees Eddie Rodriguez, et al. |
| 11/20/2017 | Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed. |
| 12/04/2017 | Reply of appellants Greg Abbott, Governor of Texas, et al. filed. |
| 12/20/2017 | DISTRIBUTED for Conference of 1/5/2018. |
| 01/08/2018 | DISTRIBUTED for Conference of 1/12/2018. |
| 01/12/2018 | 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. |
| 01/12/2018 | 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.” |
| 01/30/2018 | Joint motion for divided argument and enlargement of time for oral argument filed by appellees. VIDED |
| 01/31/2018 | Joint Blanket Consent filed by appellees, Shannon Perez, et al., and appellees, Mexican American Legislative Caucus, filed. VIDED |
| 02/01/2018 | Blanket Consent filed by appellants, Greg Abbott, Governor of Texas, et al. VIDED |
| 02/02/2018 | 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 |
| 02/06/2018 | 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 |
| 02/23/2018 | SET FOR ARGUMENT on Tuesday, April 24, 2018. VIDED |
| 02/26/2018 | Joint appendix filed. VIDED |
| 02/26/2018 | Brief of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED. |
| 02/26/2018 | Brief of appellee United States in support of appellants filed. VIDED. |
| 03/05/2018 | Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed. VIDED. (Distributed) |
| 03/07/2018 | CIRCULATED |
| 03/23/2018 | Motion for divided argument filed by the Solicitor General. VIDED. |
| 03/28/2018 | Brief of appellees Perez, et al. (State House Districts) filed (No. 17-626). (Distributed) |
| 03/28/2018 | Brief of appellees Perez, et al. (Congressional Districts) filed (No. 17-586). (Distributed) |
| 04/04/2018 | Brief amici curiae of Common Cause and The Voting Rights Institute filed. VIDED. (Distributed) |
| 04/04/2018 | Brief amici curiae of Campaign Legal Center; Lawyers' Committee for Civil Rights Under Law; NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed) |
| 04/13/2018 | 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. |
| 04/17/2018 | Reply of appellee United States in support of appellants filed. VIDED. (Distributed) |
| 04/17/2018 | Reply of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED. (Distributed) |
| 04/24/2018 | 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 |
| 06/25/2018 | 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). |
| 07/27/2018 | JUDGMENT ISSUED. |