State of Texas v. United States, No. 14-5151 (D.C. Cir. 2015)
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Texas appealed the district court’s award of attorneys’ fees to three intervenors in Texas’s lawsuit under Section 5 of the Voting Rights Act, 52 U.S.C. 10304. Rejecting Texas’s cursory “Advisory” argument, the district court granted the motions and awarded fees. The district court held that Texas had conceded virtually all of the issues relevant to the motions for attorneys’ fees by deliberately choosing not to address them. The court affirmed the district court's judgment because "the discretion to enforce this rule lies wholly with the district court," and Texas forfeited any challenge to the district court’s exercise of that discretion by failing to
even mention the issue in its opening brief in this court.
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