Legal Opinion

United States v. State of Texas

District Court, S.D. Texas

Decided February 16, 1978No. Civ. A. 76-H-1681PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

Prior Litigation, Legislation and Administrative Action Relating to Voter Rights of Prairie View Students

The case which controls this controversy is Whatley v. Clark, 482 F.2d 1230 (5th Cir. 1973) (hereinafter “Whatley"). That case holds that the statutory presumption of non-residency contained in Article 5.08(k) of the Texas Election Code is unconstitutional. Much of the previous litigation relating to voting rights in Waller County is rendered inapplicable by Whatley; however, that prior litigation, in the interest of completeness, should be reviewed.

The two previous cases…

2Cases cited38 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Reynolds v. SimsSupreme Court of the United States · 1964
  4. Dunn v. BlumsteinSupreme Court of the United States · 1972
  5. Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939

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3Cited by19 opinions

  1. Texas Democratic Party v. Greg Abbott, GoveCourt of Appeals for the Fifth Circuit · 2020
  2. Texas Democratic Party v. Greg Abbott, GoveCourt of Appeals for the Fifth Circuit · 2020
  3. Lloyd v. BabbSupreme Court of North Carolina · 1979
  4. Veasey v. PerryDistrict Court, S.D. Texas · 2014
  5. Northwest Austin Municipal Utility District Number One v. MukaseyDistrict Court, District of Columbia · 2008

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