Greg Abbott, in His Official Capacity as Governor of the State of Texas; John Scott, in His Official Capacity as Secretary of State of Texas; and the State of Texas v. Mexican American Legislative Caucus, Texas House of Representatives; Roland Gutierrez; Sarah Eckhardt; Ruben Cortez, Jr.; and Tejano Democrats

Summary

This is a dissenting opinion by Chief Justice Nathan L. Hecht in a direct appeal concerning constitutional challenges to Texas legislative redistricting maps enacted in 2021. The dissent argues that claims affecting the 2022 election were moot and claims concerning the 2024 election were not ripe, and therefore the case should have been dismissed for want of jurisdiction. It also cautions against resolving the merits of redistricting issues before the Legislature has acted and criticizes the majority for issuing an advisory opinion.

Holdings

1. The dissent concluded that the claims for relief affecting the 2022 election cycle were moot because plaintiffs no longer sought relief that would disrupt that election process.
2. The dissent concluded that claims concerning the 2024 election cycle were not ripe because future redistricting, including the maps that would govern that election, had not yet occurred and might not preserve the challenged districts.

Questions Presented

1. Whether claims seeking relief affecting the 2022 election cycle became moot after the election process had progressed and plaintiffs abandoned any request to disturb that cycle.
2. Whether challenges to the continued use of the 2021 redistricting maps in the 2024 election cycle were ripe when further redistricting was constitutionally required but had not yet occurred.
3. Whether the court should address the merits of constitutional redistricting claims when the plaintiffs lacked a live and ripe controversy.
4. Whether separation-of-powers principles counseled against issuing an advisory opinion concerning legislation that might not govern a future election.

Disposition

other