CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 6/2/2023 1

Voting-Rights Challenge 

to a School-District Consolidation 

North Forest Independent School District v. Texas 

Educational Agency (David Hittner, S.D. Tex. 4:13-cv-1786) 

School-district trustees filed a federal voting-rights challenge to consolidation of the school district with a neighboring school district. 

On the day after the case was heard, the challenge pursuant to section 

5 of the Voting Rights Act became moot because of the Supreme 

Court’s holding that the criteria for application of section 5 were unconstitutional. The district judge denied immediate relief on a section 2 claim, consolidation proceeded, and the parties stipulated a 

nonsuit. 

Subject: District lines. Topics: Section 2 discrimination; section 

5 preclearance; laches. 

The seven trustees of the North Forest Independent School District filed a federal complaint1

 in the Southern District of Texas on June 19, 2013, claiming 

that state-ordered absorption of the North Forest school district into the Houston Independent School District violated section 2 of the Voting Rights Act,2

and the consolidation had not yet been precleared pursuant to section 5 of the 

Voting Rights Act.3 With their complaint, the plaintiffs filed a motion for a 

temporary restraining order and a preliminary injunction.4

On the day that the case was filed, Judge David Hittner set a hearing for 

June 24.5 On June 25, the Supreme Court declined to hold section 5 unconstitutional, but the Court did hold unconstitutional the criteria for which jurisdictions require section 5 preclearance.6

 On June 26, Judge Hittner determined 

that the plaintiffs’ section 5 claim was no longer valid.7

1. Complaint, North Forest Indep. School Dist. v. Texas Educ. Agency, No. 4:13-cv-1786 

(S.D. Tex. June 19, 2013), D.E. 1. 

2. Voting Rights Act of 1965, Pub. L. No. 89-110, § 2, 79 Stat. 437, 437, as amended, 52 

U.S.C. § 10301. 

3. Id., § 5, 79 Stat. at 439, as amended, 52 U.S.C. § 10304 (requiring preclearance of changes 

to voting procedures in jurisdictions with a certified history of discrimination and requiring 

that preclearance disputes be heard by a three-judge court). 

4. Motion, North Forest Indep. School Dist., No. 4:13-cv-1786 (S.D. Tex. June 19, 2013), 

D.E. 2. 

5. Order, id. (June 19, 2013), D.E. 6; see Minutes, id. (June 24, 2013), D.E. 11. 

6. Shelby County v. Holder, 570 U.S. 529 (2013); see Harvey Rice, Voting Rights Decision 

Ripples, Hous. Chron., July 1, 2013, at 1. 

7. Opinion, North Forest Indep. School Dist., No. 4:13-cv-1786 (S.D. Tex. June 26, 2013), 

D.E. 14 (noting that preclearance had been sought on April 2, 2013); Order, id. (June 27, 2013), 

D.E. 15 (denying as moot the plaintiffs’ request for a three-judge court to hear their section 5 

claim). 
Voting Rights Challenge to a School District Consolidation 

2 Federal Judicial Center 6/2/2023 

Judge Hittner did not dismiss the section 2 claim, but he denied the plaintiffs immediate relief.8

 Noting the majority-minority North Forest school district’s “well-documented educational struggles,” Judge Hittner reasoned, “A 

halt in the further effectuation of this transition, just days before the consolidation goes into effect, would no doubt have dire consequences.”9

 Judge 

Hittner also noted the plaintiffs’ late bringing of the case.10

The North Forest school district had been absorbed by the Houston school 

district by the time that schools opened on August 26.11

On September 9, Judge Hittner granted the parties a stipulated nonsuit.12

8. Opinion, supra note 7, at 7–11; see Ericka Mellon, North Forest Loses Another Court 

Ruling, Hous. Chron., June 27, 2013, at 5. 

9. Opinion, supra note 7, at 10–11. 

10. Id. at 10 n.3. 

11. See Ericka Mellon, HISD Staffers and Their Children Look to Future at Former N. Forest 

School, Hous. Chron., Aug. 27, 2013, at 1; see also Ericka Mellon, For North Forest ISD, It’s All 

Over, Hous. Chron., July 1, 2013, at 1. 

12. Order, North Forest Indep. School Dist., No. 4:13-cv-1786 (S.D. Tex. Sept. 9, 2013), D.E. 

19.