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Counsel issues status report to court

Earlier today, attorneys for Virginia Elizondo and SBISD filed their first Joint Status Report on the continuing matter of Elizondo vs. SBISD.

This filing offers some confirmation and insight into Save SBISD's reporting on those events last November, and shows that Barry Abrams and Ms. Elizondo have not given up on their attacks on SBISD.

Late last year, and on the eve of opening arguments in Elizondo vs. SBISD, the Court cancelled the trial and required each side to make these Joint Status Reports every 60 days thereafter.

In today's Joint Status Report, lawyers for both sides confirmed that the conflict between the 5th & 8th Circuits whether, or not, a "private right of action" exists under the Voting Rights Act caused the "Court to express reservation about proceeding to trial at that time" and led to the cancellation of the imminent proceedings.

Since the cancelation of the local December trial, the appellants in the 5th & 8th Circuits have asked those courts to reconsider their rulings which created to the conflict.

The 5th circuit, which has held that a private right of action DOES exist, denied the appellant's request for reconsideration on December 15, 2023.

The 8th Circuit, which recently ruled that a private right of action DOES NOT exist under the Voting Rights Act, has received amicus briefs from various State's Attorneys General, arguing both sides of the issue. The 8th circuit has not decided if it will relitigate its recent ruling.

Prior to todays filing, on December 18 2023, Barry Abrams filed an 8-page brief requesting Elizondo vs. SBISD be reset for trial. Mr. Abrams cited the 5th Circuit's denial of its Appellant's request for reconsideration as proof of that Court's prior ruling as the "binding precedent" on the matter.

On December 20, 2023, counsel for SBISD responded to Mr. Abrams attempt at proof-by-vigorous-assertion with a simple one paragraph response suggesting the Court continue to wait and see what the US Supreme Court may do with respect to this issue.

Both Plaintiff and Defendant reiterated these positions in the closing of today's Joint Status Report.

Copies of the court filings are linked below.

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Document 92-JSR
Download PDF • 260KB

Document 90 - Abrams
Download PDF • 140KB

Document 90-1
Download PDF • 88KB

Dociment 91-SBISD Response
Download PDF • 190KB


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