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Perry v. Del Rio

Once the Legislature adjourned without having passed a redistricting bill, the issue that current congressional districts are unconstitutional was ripe for litigation.

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This is an interlocutory appeal from the district court’s denial of a plea to the jurisdiction. We consider in this consolidated cause whether the district court committed reversible error in refusing to dismiss. We will affirm the district court’s order.

Appellees (hereinafter “Del Rio”) sued the governor, the lieutenant governor, the secretary of state, and the speaker of the house in their official capacities. Del Rio also sued the chairs of the state Republican and Democratic parties. Del Rio sought a declaratory judgment that the current congressional districts in Texas were unconstitutional and asked the district court (1) to enjoin appellants from continuing the current plan and (2) to set a deadline for redistricting, or, (3) if state authorities failed to meet that deadline, to impose a new, constitutionally-sound congressional plan. Appellants, the governor, the lieutenant governor, and the secretary of state, filed pleas to the jurisdiction. *fn1 The district court denied the pleas to the jurisdiction, and appellants filed this expedited interlocutory appeal. See Tex. R. App. P. 28.1. In this Court, Del Rio filed a motion to dismiss, arguing that we lack jurisdiction to consider this interlocutory appeal.

Do we have jurisdiction to consider this appeal?

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