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

Similar documents
Case 5:11-cv OLG-JES-XR Document 76 Filed 07/27/11 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 664 Filed 02/20/12 Page 1 of 6

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

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 1375 Filed 04/24/17 Page 1 of 11

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 1036 Filed 06/02/14 Page 1 of 10

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

Case 5:11-cv OLG-JES-XR Document Filed 07/12/13 Page 1 of 12 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 5:11-cv OLG-JES-XR Document 860 Filed 08/19/13 Page 1 of 8

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

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

Case 5:11-cv OLG-JES-XR Document 105 Filed 08/02/11 Page 1 of 20

Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 1 of 21

FILED SEP42 O1I. EDDIE BERNICE JOHNSON, SHEILA JACKSON-LEE, and ALEXANDER GREEN, MEMBERS OF THE UNITED STATES CONGRESS

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

S1ERjT FILED OCT SA-11-CV-0360-OLG-JES-XR (CONSOLIDATED LEAD CASE) RICK PERRY, ET.AL.

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

Case 5:11-cv OLG-JES-XR Document 935 Filed 11/25/13 Page 1 of 7

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

Case 5:11-cv OLG-JES-XR Document 925 Filed 10/11/13 Page 1 of 8

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

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

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 5:11-cv OLG-JES-XR Document 1005 Filed 05/24/14 Page 1 of 12

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

Case 5:11-cv OLG-JES-XR Document 851 Filed 08/09/13 Page 1 of 3

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

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 900 Filed 09/18/13 Page 1 of 22

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 759 Filed 06/13/13 Page 1 of 16

Case 5:11-cv OLG-JES-XR Document 179 Filed 08/10/11 Page 1 of 13

Case 5:11-cv OLG-JES-XR Document 1348 Filed 03/24/17 Page 1 of 12

Case 5:11-cv OLG-JES-XR Document Filed 12/04/14 Page 1 of 21

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

Case 5:11-cv OLG-JES-XR Document 234 Filed 08/23/11 Page 1 of 12

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 5:11-cv OLG-JES-XR Document 757 Filed 06/05/13 Page 1 of 13

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 890 Filed 09/09/13 Page 1 of 12

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 1098 Filed 06/13/14 Page 1 of 12

Case 5:11-cv OLG-JES-XR Document 870 Filed 08/21/13 Page 1 of 13

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

Case 5:11-cv OLG-JES-XR Document 474 Filed 10/28/11 Page 1 of 16

Case 5:11-cv OLG-JES-XR Document 1462 Filed 07/04/17 Page 1 of 24

Case 5:11-cv OLG-JES-XR Document 251 Filed 08/24/11 Page 1 of 16

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

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

Case 5:11-cv OLG-JES-XR Document 1517 Filed 07/31/17 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

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

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

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

WETERW TG-QF TXAS BY. IN THE UNITED STATES DISTRICT COURT NOV FOR THE WESTERN DISTRICT OF TEXAS CLERK, U.S. DiSTR OUJT SAN ANTONIO DIVISION

Case 5:11-cv OLG-JES-XR Document 873 Filed 08/23/13 Page 1 of 3

SENATOR KEL SELIGER 5/20/2014

Case 5:11-cv OLG-JES-XR Document 880 Filed 08/29/13 Page 1 of 17

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

Case 5:11-cv OLG-JES-XR Document 905 Filed 09/24/13 Page 1 of 15

Case 5:11-cv OLG-JES-XR Document 227 Filed 08/23/11 Page 1 of 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:11-cv OLG-JES-XR Document 1003 Filed 05/23/14 Page 1 of 13

Case 5:11-cv OLG-JES-XR Document 1143 Filed 07/13/14 Page 1 of 14

Case 5:11-cv OLG-JES-XR Document 29 Filed 07/12/11 Page 1 of 11

Case 5:11-cv OLG-JES-XR Document 1014 Filed 05/27/14 Page 1 of 16

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 Filed 10/30/14 Page 1 of 26

Supreme Court of the United States

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

Case 5:11-cv OLG-JES-XR Document 1084 Filed 06/11/14 Page 1 of 15

Case 5:11-cv OLG-JES-XR Document 118 Filed 02/06/12 Page 1 of 26

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

In the Supreme Court of the United States

In the Supreme Court of the United States

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

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

Case 5:11-cv OLG-JES-XR Document 644 Filed 02/13/12 Page 1 of 22

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

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

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

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 5:11-cv OLG-JES-XR Document 627 Filed 02/10/12 Page 1 of 97

Case 5:11-cv OLG-JES-XR Document 1281 Filed 10/30/14 Page 1 of 59

Figure 30: State of Texas, Population per Square Mile

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

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

Case 5:11-cv OLG-JES-XR Document 991 Filed 05/09/14 Page 1 of 15

Case 5:11-cv OLG-JES-XR Document Filed 06/09/14 Page 1 of 17 EXHIBIT C

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

Case 5:11-cv OLG-JES-XR Document Filed 04/16/14 Page 1 of 18 EXHIBIT 2

Case 5:11-cv OLG-JES-XR Document 1313 Filed 05/26/15 Page 1 of 13

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

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 1344 Filed 03/23/17 Page 1 of 16

Case 5:11-cv OLG-JES-XR Document 1090 Filed 06/13/14 Page 1 of 24

Case 5:11-cv OLG-JES-XR Document 242 Filed 08/23/11 Page 1 of 30

In the United States District Court for the Western District of Texas

Transcription:

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al. Plaintiffs And EDDIE BERNICE JOHNSON, SHEILA CIVIL ACTION NO. JACKSON-LEE, and ALEXANDER 5:11-CV-0360-OLG-JES-XR [Lead Case] GREEN, MEMBERS OF THE UNITED STATES CONGRESS And TEXAS LEGISLATIVE BLACK CAUCUS, TEXAS HOUSE OF REPRESENTATIVES And TEXAS STATE CONFERENCE OF NAACP BRANCHES; HOWARD JEFFERSON, JUANITA WALLACE and REV. BILL LAWSON Plaintiffs-Intervenors v. STATE OF TEXAS, et al. MEXICAN AMERICAN LEGISLATIVE CAUCUS, TEXAS HOUSE OF REPRESENTATIVES, (MALC) Plaintiffs CIVIL ACTION NO. And 5:11-CV-00361-OLG-JES-XR [Consolidated Case] THE HONORABLE HENRY CUELLAR,

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 2 of 6 Member of Congress, CD28; THE TEXAS DEMOCRATIC PARTY and BOYD RICHIE, in his official capacity as Chair of the Texas Democratic Party; and LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) and its individually named members Plaintiff-Intervenors v. STATE OF TEXAS, et al., Defendants TEXAS LATINO REDISTRICTING TASK FORCE, et al., Plaintiff CIVIL ACTION NO. v. 5:11-CV-0490-OLG-JES-XR [Consolidated Case] RICK PERRY, In His Official Capacity as Governor of the State of Texas, Defendant MARGARITA V. QUESADA; ROMEO MUNOZ; MARC VEASEY; JANE HAMILTON; LYMAN KING; and JOHN JENKINS Plaintiffs 2 CIVIL ACTION NO. SA-11-CA-592-OLG-JES-XR v. [Consolidated case] RICK PERRY, in his official capacity as Governor of the State of Texas, and HOPE ANDRADE, in her official capacity as Secretary of State of the State of Texas Defendants

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 3 of 6 JOHN T. MORRIS Plaintiff CIVIL ACTION NO. v. SA-11-CA-615-OLG-JES-XR [Consolidated Case] STATE OF TEXAS, et al. Defendants EDDIE RODRIGUEZ, MILTON GERARD WASHINGTON, BRUCE ELFANT, ALEX SERNA, SANDRA SERNA, BETTY F. LOPEZ, DAVID GONZALEZ, BEATRICE SALOMA, LIONOR SOROLA- POHLMAN; ELIZA ALVARADO; CIVIL ACTION NO. JUANITA VALDEZ-COX; JOSEY SA-11-CA-635-OLG-JES-XR MARTINEZ; NINA JO BAKER; TRAVIS [Consolidated case] COUNTY and CITY OF AUSTIN, Plaintiffs v. STATE OF TEXAS, et al Defendants QUESADA PLAINTIFFS RESPONSE TO COURT S PROPOSED CONGRESSIONAL REDISTRICTING PLAN Plaintiffs Margarita Quesada, et al., respectfully submit these comments regarding the Court s proposed congressional redistricting plan: 1. The Quesada Plaintiffs support the Court s proposed congressional plan, but respectfully make one recommendation for improvement in the Dallas County area. Plan C220 complies with the Court s obligations to devise an interim plan: it fully complies with the oneperson, one-vote principles of the Constitution, and appears to have been designed to fully comply with the Voting Rights Act. Moreover, Plan C220 pays appropriate deference to the State s redistricting criteria and requirements. 3

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 4 of 6 2. Taking an approach similar to that taken by the three-judge court in Balderas v. State of Texas, the Court s proposed plan first protects the existing effective minority opportunity districts in the benchmark map (C100) to guard against any retrogression under Section 5 of the Voting Rights Act. Second, the Court then drew the four new congressional districts respecting the large population growth in the minority communities in Texas, particularly the location of new minority opportunity congressional districts in the Austin to San Antonio corridor, as well as the Tarrant County region of the State. 1 We also commend the Court s plan for maintaining the strong coalition district in Travis County, similar to the approach taken by the Balderas Court when it imposed an interim remedial plan in 2001 and responding to the testimony at trial about the importance and vitality of the voters in this coalition district. Moreover, the Court s plan maintains intact the downtown San Antonio area of CD 20, which once again responds to the testimony during trial that this area and the community of interest therein has been at the heart of CD 20 since its creation decades ago. The Court s proposed map also maintains the base of the remaining districts in the State, follows traditional redistricting principles, and avoids needless disruption of the population in those districts. 3. The only change we would respectfully urge the Court to consider is in Dallas County, where congressional district 30 (Rep. Eddie Bernice Johnson) remains a packed African- American opportunity district (over 80% total black and Hispanic), and over 307,000 Hispanics end up stranded in a congressional district (6) where they will not have an effective opportunity to participate in the political process or to elect candidates of their choice. 2 During the remedial 1 The Court s new Bexar County-based district 35 that runs north into Hays County conceptually resembles the proposed district 33 drawn by the Quesada plaintiffs in demonstration plans C202, 204 and 205. 2 Indeed, the congressman from that district (Rep. Joe Barton) has a voting record that is hostile to the interests of minority voters. During the trial, the NAACP offered into evidence an exhibit showing the voting report cards for members of the congressional delegation. See NAACP Ex. 606. That exhibit shows that Joe Barton consistently gets a failing grade. 4

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 5 of 6 hearings held before this Court, it was demonstrated that a new congressional district located entirely within Dallas County could be created and that such a district would meet the requirements of Section 2 by satisfying all the Gingles standards. See, e.g., Quesada Plaintiffs Plans C202 and C205, and the LULAC-NAACP Plan C218. And it was shown that the creation of a new Hispanic opportunity district entirely within Dallas County would not negatively impact the viability or effectiveness of existing congressional district 30. We respectfully submit that in view of the high rate of growth of the Hispanic population in this region, 3 that the Court reexamine and draw a new Hispanic opportunity district entirely within Dallas County. To do so, the Court could simply reconfigure congressional district 6 into a new Hispanic opportunity district which can be done without significantly impacting the demographic or political nature of adjacent districts. Respectfully submitted, /s/ J. Gerald Hebert J. GERALD HEBERT 191 Somervelle Street, #405 Alexandria, VA 22304 (703) 628-4673 GERALD HARRIS GOLDSTEIN DONALD H. FLANARY, III GOLDSTEIN, GOLDSTEIN & HILLEY Tower Life Building 310 S. St. Mary's, 29th Floor San Antonio, TX 78205 (210) 226-1463 Fax: (210) 226-8367 Counsel for Plaintiffs MARGARITA V. QUESADA, et al. 3 Though the Anglo population in Dallas County decreased over the last decade, there was explosive growth of minority population in that County over the last decade. 5

Case 5:11-cv-00360-OLG-JES-XR Document 536 Filed 11/25/11 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that on the 25 th day of November, 2011, I electronically filed the foregoing using the CM/ECF system which will send notification of such filing to all counsel of record. Those attorneys not served via the CM/ECF system are being served via first-class, mail, postage prepaid. /s/ J. Gerald Hebert J. GERALD HEBERT 6