Abbott v. Mexican American Legislative Caucus (Opinion)
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The Supreme Court reversed the order of the trial court dismissing the claims brought by the Mexican American Legislative Caucus (MALC) and the claim brought by a group of plaintiffs referred to as the Gutierrez Plaintiffs that the recently enacted laws reapportioning Texas's legislative districts violate Tex. Const. art. III, 26, holding that the trial court erred in part.
MALC and the Gutierrez Plaintiffs sued Defendants - various State officials - claiming that the laws at issue violated Article III, Sections 26 and 28. Defendants filed pleas to the jurisdiction, which the trial court largely denied. The Supreme Court reversed in part and remanded the case to the trial court, holding (1) MALC lacked associational standing to pursue its claims; (2) at least one of the Gutierrez Plaintiffs had standing to pursue each claim a proper defendant, but not the State; (3) the Gutierrez Plaintiffs' section 26 was not barred by sovereign immunity, but the section 28 claim was; and (4) the Gutierrez Plaintiffs should have the opportunity to replead their section 26 claim against a proper defendant.
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