PETTEWAY v. GALVESTON COUNTY, TEXAS

No. 23-40582.

87 F.4th 721 (2023)

Honorable Terry PETTEWAY; Honorable Derrick Rose; Honorable Penny Pope, Plaintiffs-Appellees, v. GALVESTON COUNTY, TEXAS; Mark Henry, in his official capacity as Galveston County Judge; Dwight D. Sullivan, in his official capacity as Galveston County Clerk, Defendants-Appellants, United States of America, Plaintiff-Appellee, v. Galveston County, Texas; Galveston County Commissioners Court; Mark Henry, in his official capacity as Galveston County Judge, Defendants-Appellants, Dickinson Bay Area Branch NAACP; Galveston Branch NAACP; Mainland Branch NAACP; Galveston LULAC Council 151; Edna Courville; Joe A. Compian; Leon Phillips, Plaintiffs-Appellees, v. Galveston County, Texas; Mark Henry, in his official capacity as Galveston County Judge; Dwight D. Sullivan, in his official capacity as Galveston County Clerk, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED December 7, 2023.


Attorney(s) appearing for the Case

Chad Wilson Dunn, Esq. , Brazil & Dunn, Austin, TX, Mark P. Gaber , Alexandra Copper , Simone Tyler Leeper , Valencia Richardson , Campaign Legal Center, Washington, DC, Neil G. Baron , League City, TX, Bernadette Reyes , UCLA Voting Rights Project, Los Angeles, CA, for Plaintiffs-Appellees Honorable Terry Petteway, Honorable Derrick Rose, and Honorable Penny Pope.

Matthew Nicholas Drecun , Nicolas Riley , U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Bruce I. Gear , U.S. Department of Justice, Washington, DC, Daniel David Hu , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee United States of America.

Hilary Harris Klein , Adrianne Spoto , Southern Coalition for Social Justice, Durham, NC, Richard Mancino , Winkle Farr & Gallagher, L.L.P., New York, NY, Mimi Murray Digby Marziani , Texas Civil Rights Project, Austin, TX, Hani Mirza , Texas Civil Rights Project, Houston, TX, Aaron E. Nathan , Willkie Farr & Gallagher, L.L.P., Washington, DC, Nickolas A. Spencer , Spencer & Associates, P.L.L.C., Houston, TX, for Plaintiffs-Appellees Dickinson Bay Area Branch NAACP, Galveston Branch NAACP, Mainland Branch NAACP, and Galveston LULAC Council 151.

Hilary Harris Klein , Adrianne Spoto , U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Richard Mancino , Willkie Farr & Gallagher, L.L.P., New York, NY, Aaron E. Nathan , Willkie Farr & Gallagher, L.L.P., Washington, DC, Sarah Xiyi Chen , Texas Civil Rights Project, Austin, TX, for Plaintiffs-Appellees Edna Courville, Joe A. Compian, and Leon Phillips.

Joseph R. Russo, Jr. , Jordan Raschke Elton , Greer, Herz & Adams, L.L.P., Galveston, TX, Joseph M. Nixon , Public Interest Legal Foundation, Incorporated, Alexandria, VA, Angela K. Olalde , Greer, Herz & Adams, L.L.P., League City, TX, Paul A. Ready , Ready Law Firm, P.L.L.C., Houston, TX, for Defendants-Appellants.

T. Russell Nobile , Judicial Watch, Incorporated, Gulfport, MS, for Amici Curiae Judicial Watch, Incorporated.

Pooja Chaudhuri , Lawyers' Committee for Civil Rights Under LawSuite 900, Washington, DC, for Amici Curiae Lawyers' Committee for Civil Rights Under Law.

Before Richman, Chief Judge, and Jones, Smith, Barksdale, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges.


IT IS ORDERED that Appellants' opposed motion to stay the district court's October 13, 2023 Order and its November 30, 2023 order and from any further action altering the boundaries of the Galveston County Commissioners Court precincts during the pendency of this appeal...

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