Case 2:03-cv TJW Document Filed 07/14/2006 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Similar documents
Case 5:11-cv OLG-JES-XR Document 536 Filed 11/25/11 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:11-cv OLG-JES-XR Document 170 Filed 03/22/13 Page 1 of 8

Case 2:03-cv TJW Document 323 Filed 07/21/2006 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

Case 5:11-cv OLG-JES-XR Document 832 Filed 07/26/13 Page 1 of 10

Case 5:11-cv OLG-JES-XR Document 1323 Filed 10/23/15 Page 1 of 9

Case 5:11-cv OLG-JES-XR Document 1319 Filed 10/14/15 Page 1 of 10

Case 5:11-cv Document 1 Filed 06/17/11 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 7:11-cv Document 8 Filed in TXSD on 07/07/11 Page 1 of 5

SENATOR KEL SELIGER 5/20/2014

Case 5:11-cv OLG-JES-XR Document 95 Filed 08/01/11 Page 1 of 11

In the United States District Court for the Eastern District of Texas Marshall Division

Case No IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case 5:11-cv OLG-JES-XR Document 649 Filed 02/13/12 Page 1 of 9

Case 5:11-cv OLG-JES-XR Document 41 Filed 10/24/11 Page 1 of 6

Case 5:11-cv OLG-JES-XR Document 614 Filed 02/09/12 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:11-cv OLG-JES-XR Document 1338 Filed 01/02/17 Page 1 of 13 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 1:11-cv RMC-TBG-BAH Document 214 Filed 03/01/12 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

PARTISAN GERRYMANDERING

Case 3:15-cv WHA Document 35 Filed 04/22/16 Page 1 of 7

Case 5:11-cv OLG-JES-XR Document Filed 08/22/13 Page 1 of 17 EXHIBIT 1

Case 5:11-cv OLG-JES-XR Document 68 Filed 07/25/11 Page 1 of 17

Case 5:11-cv OLG-JES-XR Document 664 Filed 02/20/12 Page 1 of 6

Case 1:11-cv RMC-TBG-BAH Document 224 Filed 07/05/12 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 2:13-cv Document 218 Filed in TXSD on 03/31/14 Page 1 of 6

Case 1:06-cv PLF-EGS Document 96 Filed 05/15/2007 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:11-cv OLG-JES-XR Document 1375 Filed 04/24/17 Page 1 of 11

Case: Document: Page: 1 Date Filed: 05/05/2014. Case No IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Case 5:11-cv OLG-JES-XR Document 76 Filed 07/27/11 Page 1 of 6

Case 4:11-cv RAS Document 48 Filed 06/29/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Case 5:11-cv OLG-JES-XR Document 890 Filed 09/09/13 Page 1 of 12

Case 5:11-cv OLG-JES-XR Document Filed 09/25/13 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

Case 5:11-cv OLG-JES-XR Document 1366 Filed 04/21/17 Page 1 of 12

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 1:17-cv SS Document 1 Filed 12/15/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 2:13-cv Document 122 Filed in TXSD on 12/17/13 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Supreme Court of the United States

SUPREME COURT OF THE UNITED STATES

Case 5:11-cv OLG-JES-XR Document 135 Filed 02/10/12 Page 1 of 10

Case 1:11-cv RMC-TBG-BAH Document 40 Filed 09/12/11 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:11-cv ECR -PAL Document 1 Filed 02/25/11 Page 1 of 6

Case 1:11-cv RMC-TBG-BAH Document 171 Filed 02/01/12 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SUPREME COURT OF THE UNITED STATES

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Case 5:08-cv FB Document 13 Filed 05/20/2008 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 1:16-CV-1164-WO-JEP

Case 2:13-cv Document Filed in TXSD on 11/18/14 Page 1 of 10

Case 5:11-cv OLG-JES-XR Document 1125 Filed 07/06/14 Page 1 of 9

Case 2:16-cv DN Document 2 Filed 01/15/16 Page 1 of 30

Case 5:11-cv OLG-JES-XR Document 127 Filed 08/08/11 Page 1 of 15

Case 1:11-cv RMC-TBG-BAH Document 239 Filed 07/03/13 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:11-cv OLG-JES-XR Document 1036 Filed 06/02/14 Page 1 of 10

PLAINITFF MALC'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT

Case 1:19-cv PAB Document 1 Filed 01/04/19 USDC Colorado Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 2:13-cv Document 272 Filed in TXSD on 05/09/14 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:17-cv OLG Document 58 Filed 06/19/17 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

Case 1:06-cv PLF-EGS-DST Document 170 Filed 10/07/2009 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:11-cv RMC-TBG-BAH Document 247 Filed 07/25/13 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPLAINT FOR PATENT INFRINGEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ORDER

SUPREME COURT OF THE UNITED STATES

Case 1:11-cv BJR Document 72 Filed 07/05/13 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:11-cv OLG-JES-XR Document 1590 Filed 08/06/18 Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 4:14-cv DDB Document 3 Filed 11/14/14 Page 1 of 6 PageID #: 59

Case 1:10-cv LG-RHW Document 220 Filed 07/25/13 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:16-CV-1164 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NO. 1:16-CV-1026 ) ) ) ) ) ) ) ) ) ) ) ) ) INTRODUCTION

Ex. 1. Case 1:13-cv TDS-JEP Document Filed 05/07/14 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

NO CV. In the Court of Appeals. For the Third Supreme Judicial District of Texas. Austin, Texas JAMES BOONE

Case 2:13-cv Document 828 Filed in TXSD on 02/19/15 Page 1 of 6

Case 5:12-cv KHV-JWL- Document 53 Filed 05/21/12 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 1:18-cv RP Document 1 Filed 05/22/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 2:15-cv Document 1 Filed 04/14/15 Page 1 of 12 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

CAUSE NO PC-3848

Case 5:11-cv OLG-JES-XR Document 1193 Filed 07/30/14 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 1:11-cv RMC-TBG-BAH Document 12 Filed 08/17/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION CIVIL ACTION NO.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN THE CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND

Case 4:18-cv ALM Document 1 Filed 11/15/18 Page 1 of 5 PageID #: 1

IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS AND IN THE FIRST JUDICIAL DISTRICT COURT OF JASPER COUNTY, TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION. vs. Civil Action 1:15-cv RP

Transcription:

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al. Plaintiffs V. No. 2:03-CV-354 RICK PERRY, et. al Defendants (This Filing Applies to: All Consolidated Actions) PARTY HENDERSON S REMEDIAL PROPOSAL AND BRIEF ON REMAND FROM THE UNITED STATES SUPREME COURT TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW Frenchie Henderson, a Party to the District Court s Judgment in the above captioned and numbered cause and, pursuant to the Federal Rules of Civil Procedure, and in accordance with the Order of this Honorable Court issued June 29, 2006 (Doc. 290), files this his Remedial Proposal and Brief on Remand from the Supreme Court of the United States, and in this connection would respectfully show unto the Court as follows: I. Apart from its consideration of the various remedial redistricting plans that may be presented by the Parties herein, it appears to Plaintiff Henderson that the District Court 1

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 2 of 7 is confronted with essentially four options with respect to its decision on how best to proceed in this matter, in view of the approaching November 7, 2006, congressional election. First, the Court could devise its own remedial plan, giving appropriate deference, where legally possible, to the policy preferences manifested by the Defendants in Plan 1374C. Second, the Court could order a return, pending further legislative action, to congressional districting Plan 1151C. Third, with certain undesirable administrative consequences, the Court could adopt a Plan presented by the Defendants. And fourth, as will be discussed in more detail herein, should the Defendants be found unable timely to implement any remedial plan in time for the November 2006 congressional election, whether the plan to be implemented is judicially drafted or otherwise, the District Court could find itself required, under Title II, U.S.C. 2a (c), to order statewide congressional elections at large. For the reasons set out below, Plaintiff Henderson would urge the Court to order the Defendants to revert to and use the congressional districts judicially established in Plan 1151C for the November 7, 2006 congressional election; or, in the alternative, order that the congressional election on November 7, 2006, be conducted statewide and at large using the existing congressional districts provided in Plan 1374C. II. Plaintiff opposes the Court s election of the first option identified above, i.e., adoption of a new remedial plan by the Court, for the reason that with barely 90 days until Election Day, the dramatic alterations of congressional districts that will likely be necessary in order for the Court to bring Plan 1374C into compliance with federal law 2

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 3 of 7 (the ripple effect ), 1 will surely result in substantial voter confusion. Moreover, completing such a task, and implementation of such a new plan, may present an administrative task that is simply impossible for the Defendant Texas Secretary of State, and his local agencies, to timely accomplish before the November 2006 election. The Court may recall that when confronted with substantially the identical situation as this during trial on merits of the case, the Court, on December 17, 2003, asked the Parties how the Court should proceed in the event it determined CD23 to be illegal under federal law. Plaintiff Henderson, in response to the Court s inquiry, filed a brief on this issue the following day, December 18, 2003. 2 After the Court reviewed the foregoing brief submitted by Plaintiff Henderson, the Court, to the best of Plaintiff Henderson s recollection, conceded that, in light of the imminent approach of the 2004 election cycle, the Court would be, in its own words, painted into a corner, and would be required to order use of Plan 1151C should CD23 be found illegal. At that time, December 18, 2003, the question presented to the Court was in part whether the Defendant Secretary of State could timely implement judicial modifications to Plan 1374C in time for the March, 2004, primary. III. The Court s second option, i.e., a return to Plan 1151C for the November 2006 election, would not present any great administrative burden on the Defendants, in light of the fact that Plan 1151C is a valid plan that has previously been used, and the fact that the Defendants presumably still have the data and information necessary for conducting an 1 See, League of Latin American Citizens v. Perry, slip op. at 36, 548 U.S., 2006 WL 1749637 (June 28, 2006), citing Session v. Perry, 298 F.Supp. 2d 451, 528 (E.D. Tex. 2004)(Ward, J., concurring in part and dissenting in part).. 2 See, Cherokee County Plaintiffs Brief in Opposition to Remedial Judicial Action (Doc. 159). 3

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 4 of 7 election under that plan. The Plaintiff concedes that use of Plan 1151C would have the undesirable effect of dispensing with a new primary election, and would require resort to a general Louisiana style election, but those defects will be unavoidable, with one exception noted below, regardless of how the Court proceeds. Plaintiff Henderson would respectfully urge the Court to order use of Plan 1151C in the November 7, 2006, congressional election. IV. The third option noted above, wherein the Court would adopt a plan submitted by the Defendants, would plainly not be an option, legally or practically. Under this option, pre-clearance would be required before such a plan could be used, pending a trial on the merits of the legality of the Defendants proposed plan. With the November election only 90 days away, it is very unlikely that either a trial on the merits, or pre-clearance, could be obtained for such a plan in time for the November election. V. Finally, should the Court determine that the Defendant Texas Secretary of State does not have enough time to implement any new plan drawn by the District Court in time for the November 2006 election, the Plaintiff believes the District Court is required to order an election wherein all 32 congressional races would be voted at large in accordance with the stop-gap provisions of Title II U.S.C. 2a (c). As explained by Justice Scalia in his plurality opinion in Branch v. Smith: Thus, 2a(c) is inapplicable unless the state legislature, and state and federal courts, have all failed to redistrict pursuant to 2c. How long is a court to await that redistricting before determining that 2 (c) governs a forthcoming election? Until, we think, the election is so imminent that no entity competent to complete redistricting pursuant to state law (including the mandate of 2c) is able to do so without 4

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 5 of 7 disrupting the election process. Only then may 2a(c) s stopgap provisions be invoked. Thus, 2a(c) cannot be properly applied neither by a legislature nor a court as long as it is feasible for federal courts to effect the redistricting mandated by 2c. So interpreted, 2a(c) continues to function as it always has, as a lastresort remedy to be applied when, on the eve of a congressional election, no constitutional redistricting plan exists and there is no time for either the State's legislature or the courts to develop one. 3 Should the Court determine that implementation of a remedial plan cannot feasibly occur in time for the November 7, 2006 congressional election, Plaintiff Henderson moves the District court to order that the November 7, 2006 election be conducted under a system whereby all 32 congressional races, using the districts enacted under Plan 1374C, are voted at large in accordance with the stop-gap provisions of Title II U.S.C. 2a (c). In this regard, the Plaintiff would note that this method of congressional election is not only constitutional, and in accordance with the statutory mandate of Title II U.S.C. 2a (c), it is the process used by the State of Maryland in its first congressional election after ratification of the Federal Constitution. 4 Although Plaintiff Henderson has opposed throughout this litigation the Defendants ill-advised argument for statewide majority rule in the election of congressional representatives, Plaintiff Henderson now says, at least with respect to the coming November 7, 2006 election, let em have it. 3 538 U.S. 254, 275 (2003)(plurality opinion)(scalia, J., joined by Rehnquist, Kennedy and Ginsburg, JJ.). 4 See Exhibit A attached hereto, An Address to the Legislature and the people of the State of Connecticut, on the Subject of Dividing the State into Districts for the Election of Representatives in Congress, 32 (New Haven, Con.., 1791)(Evans, No. 23165). One historian has attributed this pamphlet to Roger Sherman, a delegate to the Federal Constitutional Convention of 1787. Griffith, The Rise and Development of the Gerrymander, 109 n. 2 (1907, Arno Press reprint, 1974). 5

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 6 of 7 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff Henderson prays the Court will either order that the congressional election for the State of Texas set for November 7, 2006, be conducted using Plan 1151C; or, in the alternative, order that the November 7, 2006 election be conducted under a system wherein all 32 congressional races, using the districts enacted under Plan 1374C, are voted at large in accordance with the stopgap provisions of Title II U.S.C. 2a (c). Respectfully submitted, /s/ John S. Ament III Richard Gladden Texas Bar No. 01145000 Texas Bar No. 07991330 P.O. Box 751 1602 East McKinney Jacksonville, Texas 75766-0751 Denton, Texas 76209 903/586-3561 940/323-9307 Of Counsel for Plaintiffs Fax: 940/323-1697 Counsel-in-Charge for Plaintiffs CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document was served by e-mail, and by U.S. mail, on the Attorney-in-Charge for the Defendants, Mr. Ted Cruz, at P.O. Box 12548 (MC-059), Austin, Texas 78711. Further certification is hereby made that all Plaintiffs, Intervenors and Amicus have been served by electronic mail, through their respective Attorneys-in-Charge, as listed below: Otis W. Carroll Nina Perales J. Gerald Hebert Attorney-in-Charge for Attorney-in-Charge for Attorney-in-Charge for Jackson Plaintiffs G.I. Forum Plaintiffs Demo.Cong. Intervenors Rolando Rios Anthony Griffin Javier P. Guajardo, Jr. Attorney-in-Charge for Attorney-in-Charge for Attorney-in-Charge for LULAC Plaintiffs Cong.Intervenors Valdez-Cox Intervenors Jackson & Lee 6

Case 2:03-cv-00354-TJW Document 305-1 Filed 07/14/2006 Page 7 of 7 Morris L. Overstreet Gary Bledsoe Renea Hicks Attorney-in-Charge for Pltf. Attorney-in-Charge for Attorney-in-Charge for Intvr. Coalition for Black Democrats Pltf. Texas-NAACP Travis Co./City of Austin Robert M. Long Lucas A. Powe, Jr. David R. Richards Attorney-in-Charge for Attorney-in-Charge for Attorney-in-Charge for Texas Demo. Party Amicus Univ. Profs. Amicus Ellen Richards (C/O Frank Ivey) Norman S Primus David Clayton Sander William Owens, Jr. Amicus, Pro Se Attorney-in-Charge for & Amicus, Pro Se Amicus Sun Valley, Texas (by U.S. mail only) (U.S. mail only) SIGNED this 14 th day of July, 2006. /s/ Richard Gladden 7