No. 25-918

Jose A. Trevino, et al. v. Steven Hobbs, Secretary of State of Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2026-02-04
Status: Pending
Type: Paid
Experienced Counsel
Tags: district-reconfiguration equal-protection racial-gerrymandering section-2-liability standing voting-rights-act
Key Terms:
DueProcess Trademark JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a voter who is moved into a new district and a legislator whose district is reconfigured by a court-drawn remedial map have standing to challenge that map or the underlying determination of VRA Section 2 liability that caused the remedial map to be drawn

Question Presented (from Petition)

Respondents challenged Washington state legislative district 15 (“LD -15”), alleging it diluted Hispanic votes under Section 2 of the Voting Rights Act (“VRA”), 52 U.S.C. § 10301(b) . Petitioners intervened to oppose the VRA claim and assert that LD-15 was a racial gerrymander. The district court ruled for Respondents, enjoined the Commission’s map, and adopted a new remedial map that reduced the Hispanic Citizen Voting Age Population (“HCVAP”) in LD -15 from 52.6% to 50.2%. The Ninth Circuit affirmed, holding that Petitioners lack standing to challenge the VRA ruling or assert their own Section 2 claim based on the remedial map’s dilution of Hispanic votes. It further held that one Petitioner had standing to challenge the remedial map as a racial gerrymander, but strict scrutiny was unnecessary because the remedial map was not “predominantly” base d on race, even if race may have been “a” motivating factor. The questions presented are: 1. Whether a voter who is moved into a new district and a legislator whose district is reconfigured by a courtdrawn remedial map have standing to challenge that map or the underlying determination of VRA Section 2 liability that caused the remedial map to be drawn. 2. Whether a map drawn to remedy racial vote dilution is subject to strict scrutiny under the Equal Protection Clause when it is race conscious.

Docket Entries

2026-01-23
Petition for a writ of certiorari filed. (Response due March 6, 2026)
2025-11-06
Application (25A522) granted by Justice Kagan extending the time to file until January 24, 2026.
2025-10-24
Application (25A522) to extend the time to file a petition for a writ of certiorari from November 25, 2025 to January 24, 2026, submitted to Justice Kagan.

Attorneys

Jose Trevino, et al.
Jason Brett TorchinskyHoltzman Vogel Baran Torchinsky Josefiak PLLC, Petitioner
Jason Brett TorchinskyHoltzman Vogel Baran Torchinsky Josefiak PLLC, Petitioner