Case: Houston Justice v. Gregory Wayne Abbott

5:21-cv-00848 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 7, 2021

Closed Date: Sept. 30, 2021

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Case Summary

This case concerns a challenge to Senate Bill 1, which amended the Texas Election Code and introduced new voting policies, on the grounds that the amendments would disproportionately affect the right to vote for people of color and disabled citizens in the state. On September 7, 2021, three nonpartisan non-profit organizations and a Travis County election judge brought suit in U.S. District Court in the Western District of Texas, San Antonio Division. The suit was brought against several individuals who collectively oversee election administration in Texas: the Governor of Texas, the Deputy Secretary of State of Texas, the Attorney General of Texas, and the Elections Administrators of Bexar County and Harris County, Texas.

In their complaint, plaintiffs alleged that Texas had longstanding voting turnout issues among minority communities in the state and that, in response to higher black and Latino voter turnout in recent election cycles, the state had implemented Senate Bill 1 in September 2021, amending the Texas Election Code, which included provisions that eliminated or otherwise burdened methods of voting disproportionately used by people of color and citizens with disabilities. The challenged provisions of Senate Bill 1 included the elimination of drive-through voting centers, restricted voting hours, a prohibition vote-by-mail drop boxes, and the creation voter identification requirements on early voting ballot applications, among others. Plaintiffs alleged that these new provisions of the Texas Election Code collectively were intended to and in fact did disproportionately burden the right to vote held by black, Latino, and disabled citizens. Plaintiffs further set forth that this violated the First, Fourteenth, and Fifteenth Amendments of the U.S. Constitution, §§2 and 208 of the Voting Rights Act of 1965, Title II of the Americans with Disabilities Act of 1990, and §504 of the Rehabilitation Act of 1973. Seeking declaratory and injunctive relief, plaintiffs sought to prevent defendants from further implementation or enforcement of these provisions of Senate Bill 1. The case was assigned to Judge Xavier Rodriguez.

Defendants filed a motion to consolidate, noting that three other lawsuits were filed in that district challenging Senate Bill 1: La Union del Pueblo Entero v. Abbott, OCA-Greater Houston v. Esparza, and LULAC Texas v. Esparza. On September 30, 2021, the court granted defendants’ motion to consolidate, agreeing that the cases involved common questions of law and fact as to the legality and constitutionality of Senate Bill 1. All four cases were to be consolidated into La Union del Pueblo Entero v. Abbott. On the same day, the court concluded that this case was appropriate for administrative closure at the time, as any future developments would be filed under the consolidated La Union de Pueblo Entero matter.

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Summary Authors

Keren Yi (2/23/2025)

La Union Del Pueblo Entero v. Abbott, Western District of Texas (2021)

LULAC Texas v. Esparza, Western District of Texas (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60365593/parties/houston-justice-v-gregory-wayne-abbott/

Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Broughton, Kenneth E. (Texas)

Holmes, Jennifer A. (Texas)

Pippin, Keely Dulaney (Texas)

Sadasivan, Kathryn (Texas)

Attorney for Defendant

Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Broughton, Kenneth E. (Texas)

Holmes, Jennifer A. (Texas)

Pippin, Keely Dulaney (Texas)

Sadasivan, Kathryn (Texas)

Spencer, Lora (Texas)

Stewart, Sarah C. (Texas)

Wakschlag, Shira (Texas)

Yeomans, Georgina (Texas)

Attorney for Defendant

Sweeten, Patrick K. (Texas)

White, Jeffrey Michael (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:21-cv-00848	Complaint for Declaratory and Injunctive Relief Houston Justice v. Wayne Abbott	Sept. 7, 2021	Sept. 7, 2021 Complaint
20 5:21-cv-00848	Order La Union del Pueblo Entero v. Abbott	Sept. 30, 2021	Sept. 30, 2021 Order/Opinion
21 5:21-cv-00848	Order Houston Justice v. Wayne Abbott	Sept. 30, 2021	Sept. 30, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60365593/houston-justice-v-gregory-wayne-abbott/

Last updated Oct. 1, 2025, 1:52 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 402 receipt number 0542-15192627), filed by The Arc of Texas, Houston Justice, Houston Area Urban League, Delta Sigm Theta Sorority Inc., Lamar Clemmons Jeffrey. (Attachments: # 1 Civil Cover Sheet)(Broughton, Kenneth) (Entered: 09/07/2021) 1 Civil Cover Sheet View on RECAP	Sept. 7, 2021	Sept. 7, 2021 Clearinghouse
2	REQUEST FOR ISSUANCE OF SUMMONS by Delta Sigm Theta Sorority Inc., Houston Area Urban League, Houston Justice, Lamar Clemmons Jeffrey, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
3	MOTION to Appear Pro Hac Vice by Kenneth E. Broughton, Jr Shira Wakschlag ( Filing fee $ 100 receipt number 0542-15193168) by on behalf of Delta Sigm Theta Sorority Inc., Houston Area Urban League, Houston Justice, Lamar Clemmons Jeffrey, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
4	MOTION to Appear Pro Hac Vice by Kenneth E. Broughton, Jr Jennifer A. Holmes ( Filing fee $ 100 receipt number 0542-15193222) by on behalf of The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
5	MOTION to Appear Pro Hac Vice by Kenneth E. Broughton, Jr J. Keely Dulaney ( Filing fee $ 100 receipt number 0542-15193896) by on behalf of Delta Sigm Theta Sorority Inc., Houston Area Urban League, Houston Justice, Lamar Clemmons Jeffrey, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
6	MOTION to Appear Pro Hac Vice by Kenneth E. Broughton, Jr Georgina Yeomans ( Filing fee $ 100 receipt number 0542-15193924) by on behalf of Delta Sigm Theta Sorority Inc., Houston Area Urban League, Houston Justice, Lamar Clemmons Jeffrey, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
7	MOTION to Appear Pro Hac Vice by Kenneth E. Broughton, Jr Kathryn Sadasivan ( Filing fee $ 100 receipt number 0542-15193959) by on behalf of Delta Sigm Theta Sorority Inc., Houston Area Urban League, Houston Justice, Lamar Clemmons Jeffrey, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 RECAP
	Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rg)	Sept. 7, 2021	Sept. 7, 2021 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (rg)	Sept. 7, 2021	Sept. 7, 2021 PACER
	Case Assigned/Reassigned	Sept. 7, 2021	Sept. 7, 2021 PACER
	To be Referred to SA Mag Judge	Sept. 7, 2021	Sept. 7, 2021 PACER
10	Summons Issued as to Jose Esparza, In his Official Capacity as Texas Deputy Secretary of State of Texas. (wg) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 RECAP
8	Summons Issued as to Gregory Wayne Abbott, Jacque Callanen, Isabel Longoria, Warren Kenneth Paxton, Jr. (wg) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 RECAP
9	REQUEST FOR ISSUANCE OF SUMMONS by Jeffrey Lamar Clemmons, Delta Sigma Theta Sorority Inc., Houston Area Urban League, Houston Justice, The Arc of Texas. (Broughton, Kenneth) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021 RECAP
11	NOTICE of Errata by Jeffrey Lamar Clemmons, Delta Sigma Theta Sorority Inc., Houston Area Urban League, Houston Justice, The Arc of Texas (Attachments: # 1 Complaint for Declaratory and Injunctive Relief)(Broughton, Kenneth) (Entered: 09/09/2021) 1 Complaint for Declaratory and Injunctive Relief View on RECAP	Sept. 9, 2021	Sept. 9, 2021 RECAP
12	NOTICE of Filing Partially-Opposed Motion to Consolidate in Case No. 5:21-cv-844 by Gregory Wayne Abbott, Jose Esparza, Warren Kenneth Paxton, Jr (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 09/14/2021) 1 Exhibit A View on RECAP	Sept. 14, 2021	Sept. 14, 2021 RECAP
	Text Order GRANTING 3 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Text Order GRANTING 4 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Text Order GRANTING 5 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Text Order GRANTING 6 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Text Order GRANTING 7 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	Sept. 14, 2021	Sept. 14, 2021 PACER
13	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by Gregory Wayne Abbott, Jose Esparza, Warren Kenneth Paxton, Jr. (Attachments: # 1 Proposed Order)(White, Jeffrey) (Entered: 09/21/2021) 1 Proposed Order View on RECAP	Sept. 21, 2021	Sept. 21, 2021 RECAP
14	Acknowledgment of Service returned by Houston Area Urban League, Delta Sigma Theta Sorority Inc., Houston Justice, The Arc of Texas, Jeffrey Lamar Clemmons. Gregory Wayne Abbott served on 9/14/2021, answer due 10/14/2021. (Broughton, Kenneth) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
15	Acknowledgment of Service returned by Houston Area Urban League, Delta Sigma Theta Sorority Inc., Houston Justice, The Arc of Texas, Jeffrey Lamar Clemmons. Isabel Longoria served on 9/15/2021, answer due 10/15/2021. (Broughton, Kenneth) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
16	SUMMONS Returned Executed by Houston Area Urban League, Delta Sigma Theta Sorority Inc., Houston Justice, The Arc of Texas, Jeffrey Lamar Clemmons. Jacque Callanen served on 9/14/2021, answer due 10/5/2021. (Broughton, Kenneth) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
17	Acknowledgment of Service returned by Houston Area Urban League, Delta Sigma Theta Sorority Inc., Houston Justice, The Arc of Texas, Jeffrey Lamar Clemmons. Jose Esparza served on 9/14/2021, answer due 10/14/2021. (Broughton, Kenneth) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
18	Acknowledgment of Service returned by Houston Area Urban League, Delta Sigma Theta Sorority Inc., Houston Justice, The Arc of Texas, Jeffrey Lamar Clemmons. Warren Kenneth Paxton, Jr served on 9/14/2021, answer due 10/14/2021. (Broughton, Kenneth) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
19	NOTICE Regarding Pending Motion to Consolidate by Gregory Wayne Abbott, Jose Esparza, Warren Kenneth Paxton, Jr (White, Jeffrey) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 RECAP
	Text Order GRANTING 13 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JA3)	Sept. 22, 2021	Sept. 22, 2021 PACER
	Order on Motion for Extension of Time to Answer	Sept. 22, 2021	Sept. 22, 2021 PACER
20	ORDER OF CONSOLIDATION, The Court hereby ORDERS that OCA-GreaterHouston v. Esparza, No. 1:21-cv-780 (W.D. Tex.); Houston Justice v. Abbott, No. 5:21-cv-848 (W.D. Tex.); LULAC Texas v. Esparza, No. 1:21-cv-786 (W.D. Tex.) and Mi Familia Vota v. Abbott, No. 5: 21-cv-920 be consolidated into La Unin del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex.). It is ORDERED that all future filings be filed ONLY in La Unin del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex.) Signed by Judge Xavier Rodriguez. (wg) (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021 RECAP
21	ORDER ADMINISTRATIVE CLOSURE, On this date, the Court considered the status of this case. Concurrently herewith, the Court issues an order consolidating this case under La Unin del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex.). That order instructs the parties to file all future filings in La Unin del Pueblo Entero v. Abbott, No. 5:21-cv-844 (W.D. Tex.). Given these circumstances, the Court concludes that this case is appropriate for administrative closure re 20 Consolidation Order,. Signed by Judge Xavier Rodriguez. (wg) (Entered: 10/01/2021)	Sept. 30, 2021	Sept. 30, 2021 RECAP