petitioned the U.S. Supreme Court to grant ... - Election Law Blog

10Indeed, according to recent Census figures, more than55 percent of the City’s voting-age Hispanics are noncitizens.See U.S. Census Bureau, 2006-2010 AmericanCommunity Survey of Irving City, Texas, available athttp://factfinder2.census.gov/bkmk/table/1.0/en/ACS/10_SF4/B05003/1600000US4837000/popgroup~400.C. Proceedings BelowIn February 2010, ten eligible voters (“Petitioners”)residing in districts other than District 1 sued the Cityin the United States District Court for the NorthernDistrict of Texas, seeking to have the Plan declaredunconstitutional. Specifically, Petitioners alleged that thePlan violated their one-person, one-vote right to have theirvote weighted equally to that of other citizens. In opposingthe lawsuit, the City sought summary judgment on theground that whether to use CVAP or total population asthe districting base is a policy choice “that is left to thediscretion of the City” under Chen and “the City’s decisionregarding the apportionment base [was] a rational one.”Irving Mot. for S.J. at PageID 389 (Doc. 28). Six Irvingresidents intervened to defend the Plan.The United States was granted leave to file an amicusbrief in support of the City. In the view of the UnitedStates, the litigation “raises an important issue concerningthe appropriate population basis upon which to drawmunicipal districts in accordance with the Constitution’sone-person, one-vote principle.” United States Motion toFile Amicus Brief at PageID 540 (Doc. 32). In its brief, theUnited States argued that total population—not CVAP—was the proper apportionment basis. See United StatesAmicus Brief at PageID 796-806 (Doc. 41).