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Jose Trevino, et al. v. Susan Soto Palmer, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35595


Certiorari denied · February 20, 2024
Pre-decision estimate: 12% cert probability (95% interval 7%–20%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a Ninth Circuit decision below.

Question presented

Alongside Defendant State of Washington, Intervenor Defendant-Petitioners (“Soto Palmer Intervenors”) defended against a Voting Rights Act (“VRA”) Section 2 claim that challenged Legislative District 15 (“LD-15”) of Washington’s recently enacted state legislative map (“Enacted Plan”). Simultaneously, the State defended against a Fourteenth Amendment racial gerrymandering claim in the separate case Garcia v. Hobbs, which also challenged LD-15. Both cases were heard in a consolidated trial (the constitutional claim by a threejudge panel, the VRA claim by a single judge who also served on the panel). Both cases were submitted together on July 12, 2023, to the three judges comprising the two courts. The single-judge Soto Palmer Court issued its Section 2 decision first, finding that the majorityHispanic LD-15 diluted Hispanic voting power, even though the only election conducted in LD-15 resulted in a 35-point victory for a Latina candidate. The Soto Palmer Court also ordered the creation of a remedial map that increases the district’s Hispanic citizen voting age population (“HCVAP”). Then, a majority of the three-judge Garcia Court dismissed the constitutional racial gerrymandering claim as moot under the theory that the Soto Palmer injunction cut off any path to relief. The questions presented are: 1. May a single-judge district court’s ruling on a Section 2 claim, challenging a legislative district,

Counsel of record

For petitioner
Jason Brett Torchinsky
Holtzman Vogel Baran Torchinsky Josefiak PLLC

For respondent
Mark Peter Gaber
Campaign Legal Center

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Feb 09 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  4. Jan 02 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  5. Jan 02 2024
    Reply of petitioners Jose Trevino, et al. filed. (Distributed)
  6. Dec 29 2023
    Brief of respondents Susan Soto Palmer, et al. in opposition filed.
  7. Dec 29 2023
    Brief of respondent Washington in opposition filed. (Distributed)
  8. Dec 28 2023
    Brief amici curiae of National Republican Redistricting Trust, et al. filed.
  9. Dec 06 2023
    Motion to extend the time to file a response is denied.
  10. Dec 04 2023
    Response to motion to extend the time to file a response from petitioners filed.
  11. Dec 04 2023
    Reply in support of motion to extend the time to file a response filed.
  12. Dec 01 2023
    Motion to extend the time to file a response from December 29, 2023 to February 27, 2024, submitted to The Clerk.
  13. Dec 01 2023
    Correction to Appendix of Jose Trevino, et al. submitted.
  14. Nov 29 2023
    Response Requested. (Due December 29, 2023)
  15. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  16. Nov 15 2023
    Waiver of right of respondents Susan Soto Palmer, Alberto Macias, Faviola Lopez, Caty Padilla, Heliodora Morfin to respond filed.
  17. Nov 14 2023
    Waiver of right of respondents State of Washington; Washington Secretary of State Steven Hobbs to respond filed.
  18. Nov 03 2023
    Petition for a writ of certiorari before judgment filed. (Response due December 7, 2023)