No. 17-586 IN THE Supreme Court of the United States ———— GREG ABBOTT, in his official capacity as Governor of Texas, et al., Appellants, v. SHANNON PEREZ, et al., Appellees. ———— On Appeal from the United States District Court for the Western District of Texas ———— MOTION TO DISMISS OR AFFIRM SUPPLEMENTAL APPENDIX ———— JOSÉ GARZA RENEA HICKS MARTIN GOLANDO Counsel of Record GARZA GOLANDO LAW OFFICE OF MORAN, PLLC MAX RENEA HICKS 115 E Travis St., Ste. 1235 P.O. Box 303187 San Antonio, TX 78205 Austin, TX 78703 (512) 480-8231 Counsel for Appellee [email protected] Mexican American Legislative Caucus, Texas MARC E. ELIAS House of Representatives BRUCE V. SPIVA ARIA C. BRANCH DAVID RICHARDS PERKINS COIE LLP RICHARDS, RODRIGUEZ & 700 13th St. NW, Ste. 600 SKEITH, LLP Washington, DC 20005 816 Congress Ave., Ste. 1200 Austin, TX 78701 ABHA KHANNA PERKINS COIE LLP Counsel for Appellees 1201 Third Ave., Ste. 4800 Shannon Perez, et al. Seattle, WA 98101 Counsel for Appellees Eddie Rodriguez, et al. Additional Counsel Listed on Inside Cover November 20, 2017 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 ANITA S. EARLS J. GERALD HEBERT ALLISON J. RIGGS J. GERALD HEBERT, P.C. SOUTHERN COALITION FOR 191 Somervelle St., No 405 SOCIAL JUSTICE Alexandria, VA 22304 1415 West Highway 54 MARK P. GABER Ste. 101 439 Elm St. NW Durham, NC 27707 Washington, DC 20001 ROBERT NOTZON JESSICA RING AMUNSON LAW OFFICE OF JENNER & BLOCK LLP ROBERT S. NOTZON 1099 New York Ave. NW 1507 Nueces St. Ste. 900 Austin, TX 78701 Washington, DC 20001 VICTOR L. GOODE GERALD H. GOLDSTEIN NAACP GOLDSTEIN, GOLDSTEIN, 4805 Mt. Hope Dr. & HILLEY Baltimore, MD 21215 310 S. St. Mary’s St. Counsel for Appellees the San Antonio, TX 78205 Texas State Conference of DONALD H. FLANARY, III NAACP Branches, et al. FLANARY LAW FIRM LUIS R. VERA, JR. 1005 South Alamo LAW OFFICES OF LUIS San Antonio, TX 78210 ROBERTO VERA, JR. JESSE GAINES 1325 Riverview Towers P.O. Box 50093 111 Soledad Fort Worth, TX 76105 San Antonio, TX 78205 Counsel for Appellees Counsel for Appellees Margarita Quesada, LULAC, et al. et al. GARY L. BLEDSOE ROLANDO L. RIOS POTTER BLEDSOE, LLP LAW OFFICES OF 316 West 12th St. ROLANDO L. RIOS Ste. 307 115 E. Travis St., Ste. 1645 Austin, TX 78701 San Antonio, TX 78205 Counsel for Appellees Counsel for Appellee Congressmembers Eddie Congressman Henry Bernice Johnson, Sheila Cuellar Jackson Lee and Al Green and NAACP Intervenor JOAQUIN G. AVILA Howard Jefferson P.O. Box 33687 Seattle, WA 98133 Counsel for Appellee Mexican American Legislative Caucus 1a SUPPLEMENTAL APPENDIX IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS [Filed 03/10/17] ———— SA-11-CV-360 ———— SHANNON PEREZ, et al. v. RICK PERRY, et al. ———— FACT FINDINGS - GENERAL AND PLAN C185 ———— Before Circuit Judge SMITH, Chief District Judge GARCIA, and District Judge RODRIGUEZ Circuit Judge Smith dissenting XAVIER RODRIGUEZ, District Judge and ORLANDO L. GARCIA, District Judge: BACKGROUND and TIMELINE 1. These fact findings are based on evidence pre- sented at all phases of this litigation. Citations to the record from the September 2011 trial are shown as “Tr”; citations to the record from the July 2014 trial are shown as “TrJ”; citations to the record from the August 2014 trial are shown as “TrA.” 2. Any finding of fact herein that also constitutes a conclusion of law is adopted as a conclusion of law. 2a 3. The Court has considered the stipulated facts submitted in docket number 277 at 15-25 (joint pre- trial order), docket no. 302 (stipulation of facts regard- ing plaintiffs between Quesada Plaintiffs and Defend- ants), and docket no. 304 (stipulation between Texas Latino Redistricting Task Force Plaintiffs and Defend- ants regarding the King Ranch). 4. The Court has determined the race and party of members of the Texas House of Representatives in part from a chart prepared by Defendants, exhibit D-157. 5. The Court has taken judicial notice of election returns available on the Texas Secretary of State’s website. 6. The Court has taken judicial notice of certain census and American Community Survey (“ACS”) data set forth in docket no. 1085. See 6/20/14 text order granting motion as to items 1-8. 7. The Court has taken judicial notice of election returns in Nueces County and Kleberg County as set forth in docket no. 1169. TrJ2160-61. 8. Every ten years, under 2 U.S.C. § 2a, the President of the United States must transmit to Con- gress a statement showing the number of persons in each state and the number of representatives in the United States House of Representatives to which the state is entitled. These figures are tabulated according to the federal decennial census. Historically, there has never been a completely accurate census in the United States. (Stipulated.) 9. The Texas Legislature meets in regular session on the second Tuesday in January of each odd-num- bered year. TEX. CONST. art. III, § 5; TEX. GOV’T CODE 3a § 301.001; TrJ1650 (Hochberg). The Texas Constitu- tion limits the regular session to 140 calendar days. TEX. CONST. art. III, § 24(b). It further provides, “When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various com- mittees of each House shall hold hearings to consider all bills and resolutions and other matters then pend- ing; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolu- tions as may be then pending and upon such emer- gency matters as may be submitted by the Governor in special messages to the Legislature.” TEX. CONST. art. III, § 5(b). The Texas Constitution mandates that the Legislature, “at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts.” TEX. CONST. art. III, § 28. The Texas House rules require five days notice for a public hearing on legislation in a regular session. TrJ1650 (Hochberg); D-669. 10. If a Texas House or Senate map is not passed in the first regular session following the census, the Legislative Redistricting Board (“LRB”), which is “com- posed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House of Representa- tives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office,” will draw the map. TEX. CONST. art. III, § 28. In 2011, the LRB was composed of five Republicans. 4a TrJ39 (Veasey). Although it may, the LRB does not have to hold public hearings, review the legislative record, or solicit input from members. TrJ39-40 (Veasey). 11. The Legislature may draw a congressional map during a regular or special session. Special sessions last 30 days. TrA1087 (Hunter); TrA1557 (Hanna). Multiple special sessions may be called. 12. Since 1876, Article III, Section 26 of the Texas Constitution, which includes the County Line Rule, has provided as follows: The members of the House of Representatives shall be apportioned among the several coun- ties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that when- ever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representa- tive District, and when two or more counties are required to make up the ratio of represen- tation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Repre- sentative or Representatives shall be appor- tioned to such county, and for any surplus of population it may be joined in a Representa- tive District with any other contiguous county or counties. 5a 1990s 13. According to the 1990 Census, the State of Texas had a total population of 16,986,510 persons, consisting of 60.6% non-Hispanic white persons, 25.5% Hispanic persons, 11.6% non-Hispanic black persons, and 1.8% non-Hispanic Asian persons. Docket no. 1085, Ex. 2 at 2 (judicially noticed per text order 6/20/14). Texas had a voting-age population of 12,150,671 per- sons, including 64.4% non-Hispanic white persons, 22.4% Hispanic persons, 11% non-Hispanic black per- sons, and 1.8% non-Hispanic Asian persons. Docket no. 1085, Ex. 2 at 4 (judicially noticed per text order 6/20/14). 14. In 1991, the Texas House Redistricting Com- mittee (“HRC”) held two public hearings, and the Senate State Affairs Committee held one public hear- ing on the Texas House redistricting bill, H.B. 150. D-285 (no obj). The bill was read a first time (referred to House committee) on January 24, 1991, and the HRC held public hearings on April 15 and May 18 (the posting rule was suspended on May 17). The bill was read a second time on May 21 and amendments were considered. It was read the third time on May 22, and was referred to the Senate State Affairs Committee on May 22.