Legal Opinion · Dissent

Perez v. Perry

District Court, W.D. Texas

Decided November 23, 2011No. SA-11-CV-360Published

1DissentJerry E. Smith, Circuit Judge

When a three-judge court is forced into the unwanted position of fashioning interim redistricting plans, the focus should be on practicality, balance, and moderation, albeit with unbending adherence to the Voting Rights Act (“VRA”) and the Constitution. The judges in the majority, with the purest of intentions, have instead produced a runaway plan that imposes an extreme redistricting scheme for the Texas House of Representatives, untethered to the applicable caselaw. The practical effect is to award judgment on the pleadings in favor of one side — a slam-dunk victory for the plaintiffs1 — at…

2Cases cited15 opinions

  1. Bartlett v. StricklandSupreme Court of the United States · 2009
  2. Thornburg v. GinglesSupreme Court of the United States · 1986
  3. Johnson v. De GrandySupreme Court of the United States · 1994
  4. Vieth v. JubelirerSupreme Court of the United States · 2004
  5. Voinovich v. QuilterSupreme Court of the United States · 1993

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