Perry v. Perez
On January 20, 2012, in the consolidated cases Perry v. Perez, 132 S. Ct. 934 (2012), the Supreme Court, in a per curiam opinion for eight justices, vacated the district court’s orders implementing interim maps for the State of Texas for the 2012 elections and remanded for further proceedings consistent with its opinion. The Supreme Court addressed what deference is owed to a state’s legislatively enacted redistricting plans while “preclearance” of the new maps under the Voting Rights Act remains pending. Here, the district court had redrawn the Texas’ election maps without giving deference to the State’s enacted plans. The Supreme Court rejected this approach and instead adopted the position urged by Texas, holding that “a district court should take guidance from the State’s recently enacted plan in drafting an interim plan.” The Court concluded that to the extent the district court substituted its own judgment for the State’s, it erred. Paul D. Clement, Jeffrey M. Harris, and Conor B. Dugan prepared the briefing.