LULAC v. Abbott (also Brooks v. Abbott, Guillen v. LULAC)
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3-judge fed. ct. (complaints II)
Order re coalition districts
Case Information
Federal court challenge to Texas’s congressional and state legislative maps, alleging vote dilution in violation of § 2 of the Voting Rights Act, intentional racial discrimination, and the unconstitutional malapportionment of the state House maps. This case has been consolidated with several others also alleging constitutional and Voting Rights Act violations of the congressional and state legislative maps.
The Brooks plaintiffs sought a preliminary injunction in 2022 on their constitutional race-based claims with respect to Senate District 10. On Feb. 1, 2022, the court denied the preliminary injunction, with a full opinion on May 4, 2022; the U.S. Supreme Court denied jurisdiction over the appeal on Nov. 21, 2022.
The case then entered an extensive discovery phase, with more than two years of litigation over documents, depositions, and legislative privilege, including several trips to the Fifth Circuit. July 26, 2024, filings from the plaintiffs and from the state discussed the status of those disputes, which largely foreclosed discovery with respect to the disputed evidence, based on legislative privilege, and a different elections case in the Fifth Circuit determining that legislative privilege is not waived when legislators communicate with third parties outside of the legislature. On May 22, 2025, the Fifth Circuit determined that it did not have jurisdiction over the interlocutory discovery appeal; any objection to the discovery rulings would have to be litigated after a final disposition of the case in the trial court.
On Feb. 21, 2025, the court determined that it was bound by the en banc decision in Petteway v. Galveston County, which barred VRA claims on behalf of multiple minority groups within one district.
A bench trial was held May 21 – June 11, 2025. Before trial, plaintiffs submitted charts summarizing the various claims against the Congressional plan, state Senate plan, and state House plan.
History
Case filings, starting with most recent courtName | Last Modified | ||
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Brooks et al. motion for prelim. injunction (incl. exhs.) | Nov 24, 2021 | |
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Opposition (incl. exhs.) | Dec 20, 2021 | |
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Reply (incl. exhs.) | Dec 23, 2021 | |
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Brooks et al. supp. exhs. | Jan 24, 2022 | |
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Brooks et al. supp. brief re remedy | Jan 24, 2022 | |
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Prelim. injunction hearing transcripts | Jan 28, 2022 | |
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Order denying preliminary injunction | Feb 1, 2022 |
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Opinion denying preliminary injunction | May 4, 2022 |
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Notice of appeal | Jun 2, 2022 |
Name | Last Modified | ||
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Jurisdictional statement (incl. appx.) | Aug 8, 2022 | |
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Motion to dismiss | Oct 11, 2022 | |
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Reply | Oct 20, 2022 | |
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Order dismissing appeal from denied PI | Nov 21, 2022 |
Name | Last Modified | ||
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Leg. application for stay (incl. appx.) | May 21, 2022 | |
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US response | May 23, 2022 | |
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Private plaintiffs' response (incl. appx.) | May 23, 2022 | |
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Reply | May 23, 2022 | |
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US supp. brief | May 23, 2022 | |
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US 2d supp. brief | May 26, 2022 | |
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Leg. supp. response | May 26, 2022 | |
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Order denying stay | May 31, 2022 |
Name | Last Modified | ||
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Order staying discovery appeal | Jun 17, 2022 | |
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Motion for voluntary dismissal | Apr 10, 2024 | |
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Voluntary dismissal of discovery appeal | May 2, 2024 | |
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Order staying second discovery appeal | Sep 15, 2022 | |
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Order vacating leg. discovery order | Jul 18, 2023 |
Name | Last Modified | ||
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Plaintiffs' brief re leg. privilege | Aug 27, 2024 | |
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Plaintiffs' excerpts of record | Aug 28, 2024 | |
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US letter re appeal | Nov 27, 2024 | |
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State's brief | Nov 27, 2024 | |
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Plaintiffs' reply | Dec 18, 2024 | |
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Opinion dismissing re jurisdiction | May 22, 2025 |
Map | Challenged congressional plan
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Map | Challenged state Senate plan
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Map | Challenged state House plan
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