Wednesday, October 12, 2011

Texas Redistricting Litigation Time Line

I am advised that the following is the current time line for the Texas congressional and legislative redistricting litigation, although obviously the courts can change it.  I expect the November 12 candidate filing date to be delayed, with the possibility that the candidate filing period is simply shortened from four weeks to one week, still ending on December 12.
October 7:  The parties’ post-trial briefs were due by this date in the consolidated San Antonio case.  The parties also were supposed to file an advisory with the court by this date setting forth their positions on whether the San Antonio panel should go ahead and decide the issues before it or wait for a definitive resolution of the preclearance case in D.C. And last but not least, the parties were supposed to submit briefs to the San Antonio panel with their respective positions on the process for drawing temporary maps.

October 17: The parties in the San Antonio case are to submit proposed temporary state house and congressional maps, together with briefing and supporting data, by this date.

October 24:  Objections due in the San Antonio case to proposed temporary maps.

October 25:  The Justice Department and intervenors must file their responses in D.C. to the state’s motion for summary judgment on section 5 preclearance issues.  Fact and expert discovery also ends on this date in the D.C. case.

October 28:  Pre-hearing advisory, including list of witnesses and exhibits and time estimates, due in the San Antonio case in connection with the drawing of temporary maps.

October 31:  Deadline for the State of Texas to file a reply brief in the preclearance case.  Also the discovery cutoff in the Davis/San Antonio case.

November 2:  Oral argument in the D.C. case on the state’s motion for summary judgment on preclearance.  This day also is the deadline for dispositive motions in the Davis/San Antonio case.  Meanwhile, this day also is the start of a hearing on temporary maps in the San Antonio case.

November 10:  The pre-trial conference in the Davis/San Antonio case.

November 12:  Candidate filing opens in Texas under the current schedule.

November 14:  Trial starts in the Davis/San Antonio case.

December 12:  Candidate filing period closes.