Supreme Court of the United States · Official docket →
Texas State LULAC, et al. v. Lupe C. Torres, in Her Official Capacity as the Medina County Elections Administrator, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-50690 · judgment October 26, 2022
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
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To have standing to challenge an unlawful government act, must a plaintiff show that the act is the sole cause of its injury, as the Fifth Circuit held, or only that the act contributes to its injury, as the Second, Fourth, Sixth, Ninth, and Eleventh Circuits have held?
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When a plaintiff asserts standing based on selfcensorship in response to a law with a mens rea element, must the plaintiff show that it would otherwise possess the prohibited mens rea, as the Fifth Circuit held, or only that the plaintiff wishes to engage in conduct that might reasonably be interpreted to violate the law, as the Eighth Circuit has held?
Counsel of record
For petitioner
Uzoma Nkem Nkwonta
Elias Law Group LLP
For respondent
Tiffany Bingham Briscoe
Harris County Attorney's Office
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 26 2023Reply of petitioners Texas State LULAC, et al. filed. (Distributed)
- Jun 12 2023Brief of respondent Lupe C. Torres, et al. in opposition filed.
- May 22 2023Waiver of Clifford Tatum, in his official capacity as the Harris County Elections Administrator of right to respond not accepted for filing. (June 13, 2023 - Waiver filed 5/22/23 removed as improperly filed)
- Apr 21 2023Motion to extend the time to file a response is granted and the time is extended to and including June 12, 2023, for all respondents.
- Apr 20 2023Motion to extend the time to file a response from May 12, 2023 to June 12, 2023, submitted to The Clerk.
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 12 2023Response Requested. (Due May 12, 2023)
- Mar 21 2023Waiver of right of respondents Lupe C. Torres, in his official capacity as the Medina County Elections Administrator and Terrie Pendley, in her official capacity as the Real County Tax Assessor-Collector to respond filed.
- Mar 20 2023Waiver of right of respondent Ken Paxton, Texas Attorney General to respond filed.
- Feb 23 2023Petition for a writ of certiorari filed. (Response due March 29, 2023)
- Jan 13 2023Application (22A632) granted by Justice Alito extending the time to file until February 23, 2023.
- Jan 10 2023Application (22A632) to extend the time to file a petition for a writ of certiorari from January 24, 2023 to March 25, 2023, submitted to Justice Alito.