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61aAppendix DHowever, “[t]he first Gingles precondition does notrequire some aesthetic ideal of compactness, but simplythat the [minority] population be sufficiently compactto constitute a majority in a single-member district.”Houston v. Lafayette County, Miss., 56 F.3d 606, 611(5th Cir.1995) (quoting Clark v. Calhoun County, Miss.,21 F.3d 92, 95 (5th Cir.1994)). “Moreover, the question isnot whether the plaintiff residents’ proposed district wasoddly shaped, but whether the proposal demonstratedthat a geographically compact district could be drawn.”Id.; see also Clark, 21 F.3d at 95 (“[P]laintiffs’ proposeddistrict is not cast in stone. It was simply presented todemonstrate that a majority-black district is feasible in[the] county. If a § 2 violation is found, the county willbe given the first opportunity to develop a remedialplan.” (citations omitted)). Here, the Court concludesthat Plaintiff’s illustrative districts satisfy the Ginglescompactness requirement.Thus, as to the first Gingles precondition, this Courtconcludes that Plaintiffs have demonstrated through thealternative (CVAP based) Illustrative District, IllustrativeDistrict A, Illustrative District B, and Illustrative DistrictC that the Hispanic population in Irving is sufficientlylarge in number and geographically compact to constitutean effective majority in a single-member district in thesouthern part of the City. Accordingly, Plaintiff hassatisfied the first Gingles factor.B. Gingles II & III-Racial PolarizationRacially polarized voting exists “where there is aconsistent relationship between [the] race of the voter and
62aAppendix Dthe way in which the voter votes.” Gingles, 478 U.S. at53 n. 21, 106 S.Ct. 2752 (internal citations and quotationsomitted). Legally significant racially polarized votingexists when the minority group is politically cohesiveand the majority votes sufficiently as a bloc to enable itto usually defeat the minority-preferred choice. Id. at 56,106 S.Ct. 2752. The Court concludes that racially polarizedvoting is clear in Irving in the three elections analyzed,based on the pattern of Hispanic voters consistentlypreferring the Hispanic candidate, non-Hispanic voterspreferring the non-Hispanic candidate, and non-Hispanicvoters vetoing Hispanic preferences. 14 (Trial Tr. vol. 1,216-17, Feb. 17.)1. Political Cohesion of Hispanic VotersThe second Gingles precondition requires thatPlaintiff demonstrate that Hispanics in Irving are14. Having established the three Gingles factors, Plaintiffhas standing to bring this action: he is a minority voter whoresides within a proposed district in which the minority groupis sufficiently large and geographically compact to constitutea majority in a single-member district, and voting is raciallypolarized. Thus, he has been affected “in a personal and individualway,” he has demonstrated “a causal connection between the injuryand the conduct complained of,” and it is likely “that the injurywill be redressed by a favorable decision.” Lujan v. Defenders ofWildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351(1992) (setting forth the required elements for standing); see alsoSalas v. Sw. Texas Junior Coll. Dist., 964 F.2d 1542, 1554 (5thCir.1992) (stating that the Gingles analysis “is an inquiry intocausation-whether the given electoral practice is responsible forplaintiffs’ inability to elect their preferred representatives”).
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iiPARTIES TO THE PROCEEDINGAND RULE
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ivTable of ContentsPageREASONS FOR
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xCited AuthoritiesStatutes and Othe
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1PETITION FOR A WRIT OF CERTIORARIP
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3The Court should grant the petitio
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5has “an obligation to explain to
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7because the City has substantially
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9City of IrvingPopulation, Voting A
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11The district court granted summar
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13I. This Petition Presents An Impo
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15First, the issue has increasingly
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17wards had far more eligible voter
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19or practice, they cannot claim to
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21This case—in which the choice b
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23two, five, or ten, or one-half.
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25In Chen, the Fifth Circuit reache
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27Importantly, then, the Fourteenth
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30Tennessee voters’ dilution chal
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32Under the Plan, as noted above, D
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34slightly larger than 9.9%—prese
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1aAppendix AAPPENDIX
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2aAppendix APER CURIAM: *This case
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4aAPPENDIX B — Appendix MEMORANDU
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6aAppendix Bpopulation numbers are
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8aAppendix Bwhich total population
Page 59 and 60: 10aAppendix Bthe court does acknowl
Page 61 and 62: 12aAppendix CON PETITION FOR REHEAR
Page 63 and 64: 14aAppendix DIrving’s at-large el
Page 65 and 66: 16aAppendix Dother things, the at-l
Page 67 and 68: 18aAppendix DThornburg v. Gingles,
Page 69 and 70: 20aAppendix Dfailed to establish a
Page 71 and 72: 22aAppendix Dcomplying with the Gin
Page 73 and 74: 24aAppendix Done-hundred percent co
Page 75 and 76: 26aAppendix Dhis opinion that would
Page 77 and 78: 28aAppendix Dto estimate the 2008 H
Page 79 and 80: 30aAppendix Dvotes of Hispanics hav
Page 81 and 82: 32aAppendix Daverage household size
Page 83 and 84: 34aAppendix DDr. Rives attempts to
Page 85 and 86: 36aAppendix Dwith sampling error ac
Page 87 and 88: 38aAppendix DIn his expert report,
Page 89 and 90: 40aAppendix DAs Dr. Rives pointed o
Page 91 and 92: 42aAppendix DC. Gingles II & III-Ra
Page 93 and 94: 44aAppendix Dthis methodology canno
Page 95 and 96: 46aAppendix Dthat the confidence th
Page 97 and 98: 48aAppendix Dto Dr. Alford’s hypo
Page 99 and 100: 50aAppendix DD. Totality of the Cir
Page 101 and 102: 52aAppendix DThe Court concludes th
Page 103 and 104: 54aAppendix DNotably, James Dickens
Page 105 and 106: 56aAppendix D1231, 1245-46, 173 L.E
Page 107 and 108: 58aAppendix D2. Proof of Changed De
Page 109: 60aAppendix DPlaintiff has not empl
Page 113 and 114: 64aAppendix Dthe requirement that t
Page 115 and 116: 66aAPPENDIX E — RELEVANT Appendix
Page 117: 68aAppendix Eof insurrection or reb
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