[T]he standard for determining whether a case seeking prospective relief has been mooted by the defendant’s voluntary conduct is whether ‘subsequent events [make] it absolutely clear that the allegedly wrongful behavior could not be expected to recur.’ The heavy burden of persuading the court that the challenged conduct cannot reasonably be expected to recur lies with the party asserting mootness. … [T]here is no indication or assurance that, in the next redistricting cycle, the Texas Legislature will not engage in the same alleged conduct that Plaintiffs assert violated their rights, including removing economic engines from minority districts, dismantling coalitions, manipulating turnout among Hispanics, or engaging in other conduct that Plaintiffs allege violated their rights in connection with the 2011 plans. While Texas may have voluntarily ceased or diminished the allegedly illegal conduct, it has not conceded the illegality of the conduct and has steadfastly maintained that its actions did not violate Plaintiffs’ rights. The fact that the Legislature has adopted the Court’s interim plans in an attempt to curb this particular litigation is no assurance that it will not engage in the same conduct in the next legislative session or any session thereafter.
Posted on: Sat, 07 Sep 2013 03:48:46 +0000
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