AUSTIN — More than 60 years after the passage of the Voting Rights Act, federal voting rights litigation is surging, with Texas federal courts accounting for roughly a third of all court-ordered damages awarded nationwide for the past decade.
New data from Lex Machina shows that claimants filed 134 federal suits through Aug. 24, a figure that already matches the 135 total cases filed in all of 2022 and surpasses the full-year totals for every federal midterm election year since at least 2010.
The Voting Rights Act of 1965 created nationwide protections and special federal enforcement tools for jurisdictions with persistent histories of racial discrimination in voting.
“Voting rights lawsuits often extend far beyond the named parties,” states a Lex Machina post. “Resolutions can influence district boundaries, election methods, access to registration and ballots, the availability of voting resources, and the operation of public institutions. Many matters involve voluminous documents, expedited discovery, heavy early motion practice, expert analysis, trials, remedial proceedings, and appeals, creating substantial financial stakes for the entities and counsel involved.”
For example, the Western District of Texas entered a total of $8,642,853.11 in attorney fees in Perez et al. v. Perry et al., a case in which plaintiffs challenged Texas redistricting plans under the Constitution and the Voting Rights Act.
The Lex Machina team told The Record that a “notable Texas takeaway” is that the state’s four federal district courts have accounted for roughly 36 percent ($17.16 million of $47.60 million) of all court-ordered damages awarded nationwide since Jan.1, 2016, excluding interest and awards later voided or reversed on appeal.
The high total for Texas was primarily driven by large awards of principal damages and attorney fees in just two cases: Perez et al v. Perry et al and Veasey et al v. Abbott et al.
Still-pending lawsuits in Texas with potentially significant voting-rights implications include League of United Latin American Citizens et al v. Nelson et al, and Jolt Initiative, Inc. v. Paxton.
According to Lex Machina data, attorneys tracking voting rights litigation are increasingly using analytics to better understand:
Accelerating filing volume – Year-to-date 2026 filings (134 cases) have already matched or exceeded the full-year counts for the 2022, 2018, 2014, and 2010 midterm cycles’
Fast-moving legal doctrine – The Supreme Court's April 2026 decision in Louisiana v. Callais revised Section 2 redistricting standards, creating fresh legal uncertainty and driving new questions around pleadings, evidence, and remedies;
Preliminary injunction success rates – Among 341 preliminary injunction requests decided on the merits, federal courts granted 122 (36 percent) and denied 219 (64 percent);
Resolution pathways and findings – Findings of a Voting Rights Act violation occurred most often following trial (26 findings), while findings of no violation were most common at judgment on the pleadings (78 findings); and
High financial stakes – Massive legal fees are on the line, such as the over $8.6 million in attorney fees awarded in Perez v. Perry in the Western District of Texas.
