IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Texas Democratic Party, Gilbert Hinojosa, §

Chair of the Texas Democratic Party, §

Joseph Daniel Cascino, Shanda Marie §

Sansing, and Brenda Li Garcia, §

Plaintiffs, §

§

v. § Civil Action No. 5:20-CV-00438-FB

§

Greg Abbott, Governor of Texas, §

Ken Paxton, Attorney General of Texas, §

Ruth Hughs, Texas Secretary of State, §

Dana Debeauvoir, Travis County Clerk, and §

Jacquelyn F. Callanen, Bexar County §

Elections Administrator, §

Defendants. §

STATE DEFENDANTS’ ADVISORY

On November 16, 2020, the Court invited counsel to “to give counsel’s insights as to how this 

matter should proceed.” Doc. 121 at 3. Accordingly, State Defendants Greg Abbott, in his official 

capacity as Governor of Texas, Ruth Hughs, in her official capacity as Texas Secretary of State, and 

Ken Paxton, in his official capacity as Attorney General of Texas, respectfully submit the following 

advisory.

As the Court noted, Plaintiffs have filed a petition for a writ of certiorari in the United States 

Supreme Court, which raises the question whether Section 82.003 of the Texas Election Code violates 

the Twenty-Sixth Amendment. Id. at 2 (citing Plaintiffs’ petition for a writ of certiorari). In State 

Defendants’ view, proceedings in this Court should remain stayed until the Supreme Court has 

resolved the petition for a writ of certiorari. The Supreme Court’s disposition of the petition—and 

any resolution of the Twenty-Sixth Amendment question, if the petition is granted—is certain to 

influence the remainder of this litigation, and it would therefore promote judicial economy and 

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State Defendants’ Advisory Page 2

preserve the parties’ resources for the appellate proceedings on that question to fully and finally 

conclude before the parties reengage in this Court. See generally Landis v. N. Am. Co., 299 U.S. 248, 254–

55 (1936) (referring to the power to stay proceedings as incident to inherent powers of federal courts); 

see also In re Stone, 986 F.2d 898, 902 (5th Cir. 1993) (concluding that federal courts have inherent 

authority “to protect the efficient and orderly administration of justice and those necessary to 

command respect for the court’s orders, judgments, procedures, and authority.”).

The Court also noted that Plaintiffs filed their complaint and request for immediate injunctive 

relief in the specific context of the 2020 election. Doc. 121 at 1. That election has now passed, and 

the Fifth Circuit has issued two published decisions addressing the merits of Plaintiffs’ claims. See Tex.

Democratic Party v. Abbott, 961 F.3d 389 (5th Cir. 2020); Tex. Democratic Party v. Abbott, 978 F.3d 168 

(5th Cir. 2020). Therefore, in the event that the Supreme Court denies the petition for a writ of 

certiorari, the appropriate next step would be for Plaintiffs to file an amended complaint making clear 

which claims they intend to continue to pursue, if any, and against which defendants they intend to pursue 

those claims, consistent with the Fifth Circuit’s decisions regarding the appeal from Plaintiffs’ 

application for temporary injunction. Following the filing of the amended complaint, State Defendants 

will file an appropriate responsive pleading or motion consistent with Federal Rule of Civil Procedure 

15(a)(3). 

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State Defendants’ Advisory Page 3

Respectfully submitted.

KEN PAXTON

Attorney General of Texas

BRENT WEBSTER

First Assistant Attorney General

GRANT DORFMAN

Deputy First Assistant Attorney General

SHAWN COWLES

Deputy Attorney General for Civil Litigation

THOMAS A. ALBRIGHT

Chief, General Litigation Division

/s/Michael R. Abrams

MICHAEL R. ABRAMS

Texas Bar No. 24087072

CORY A. SCANLON

Texas Bar No. 24104599

Assistant Attorneys General

Office of the Attorney General

General Litigation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

(512) 463-2120 | FAX: (512) 320-0667

michael.abrams@oag.texas.gov

cory.scanlon@oag.texas.gov

Counsel for State Defendants 

Case 5:20-cv-00438-FB Document 122 Filed 12/16/20 Page 3 of 4
State Defendants’ Advisory Page 4

CERTIFICATE OF SERVICE

I hereby certify that on December 16, 2020, a true and correct copy of the foregoing document 

was served via the Court’s CM/ECF system to all counsel of record.

/s/ Michael R. Abrams

MICHAEL R. ABRAMS

Assistant Attorney General

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