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Jose A. Trevino, et al. v. Steven Hobbs, Secretary of State of Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35595, 24-1602 · judgment August 27, 2025


2%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 5%
GVR risk 1%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Respondents challenged Washington state legislative district 15 (“LD-15”), alleging it diluted Hispanic votes under Section 2 of the Voting Rights Act (“VRA”), 52 U.S.C. § 10301(b). Petitioners intervened to oppose the VRA claim and assert that LD-15 was a racial gerrymander. The district court ruled for Respondents, enjoined the Commission’s map, and adopted a new remedial map that reduced the Hispanic Citizen Voting Age Population (“HCVAP”) in LD-15 from 52.6% to 50.2%. The Ninth Circuit affirmed, holding that Petitioners lack standing to challenge the VRA ruling or assert their own Section 2 claim based on the remedial map’s dilution of Hispanic votes. It further held that one Petitioner had standing to challenge the remedial map as a racial gerrymander, but strict scrutiny was unnecessary because the remedial map was not “predominantly” based on race, even if race may have been “a” motivating factor. The questions presented are:

  1. Whether a voter who is moved into a new district and a legislator whose district is reconfigured by a court-drawn remedial map have standing to challenge that map or the underlying determination of VRA Section 2 liability that caused the remedial map to be drawn.

  2. Whether a map drawn to remedy racial vote dilution is subject to strict scrutiny under the Equal Protection Clause when it is race conscious.

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 2 conferences

Linked docket
25A522

Proceedings

  1. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 10 2026
    Reply of petitioners Jose Trevino, et al. filed.
  3. Jun 02 2026
    Brief of respondent Washington filed.
  4. Jun 02 2026
    Brief of respondents Susan Soto Palmer, et al. in opposition filed.
  5. May 26 2026
    Motion to expedite DENIED.
  6. May 22 2026
    Response to motion to expedite from respondent Steve Hobbs, Washington Secretary of State, et al. filed.
  7. May 17 2026
    Letter of Jose Trevino, et al. submitted.
  8. May 15 2026
    Motion to expedite consideration of petition for a writ of certiorari and to expedite consideration of this motion filed by petitioner Jose Trevino, et al.
  9. May 15 2026
    Response to motion to expedite consideration from respondent Susan Soto Palmer, et al. filed.
  10. Apr 09 2026
    Motion to extend the time to file a response is granted in part and the time is extended to and including June 2, 2026, for all respondents.
  11. Apr 09 2026
    Response to motion to extend the time to file a response from petitioner Jose Trevino, et al. filed.
  12. Apr 08 2026
    Motion to extend the time to file a response from April 24, 2026 to June 23, 2026, submitted to The Clerk.
  13. Mar 25 2026
    Response Requested. (Due April 24, 2026)
  14. Mar 17 2026
    DISTRIBUTED for Conference of 4/2/2026.
  15. Mar 06 2026
    Waiver of right of respondents Susan Soto Palmer, et al. to respond filed.
  16. Mar 06 2026
    Waiver of right of respondent Steve Hobbs, Washington Secretary of State and State of Washington to respond filed.
  17. Jan 23 2026
    Petition for a writ of certiorari filed. (Response due March 6, 2026)
  18. Nov 06 2025
    Application (25A522) granted by Justice Kagan extending the time to file until January 24, 2026.
  19. Oct 24 2025
    Application (25A522) to extend the time to file a petition for a writ of certiorari from November 25, 2025 to January 24, 2026, submitted to Justice Kagan.