On May 16, 2011, a three-Judge Federal Panel ruled that the Secretary of State's position -- "that it is premature for this Court to impose any remedy because neither the Mississippi Constitution nor the United States Constitution require the Legislature to reapportion itself until next year" is correct. [Opinion and Order]. The Panel found that "[w]e agree with the Secretary of State's position that imposition of a remedy is premature and allow the 2011 legislative election to proceed under the present districts." The Panel noted that the Legislature is to reapportion itself every 10 years and since the last redistricting was in 2002, the 10 years has not passed and, thus, it is not proper at this time for the federal courts to "order around [the] state legislature".
The NAACP appealed the decision to the United States Supreme Court. Trey Jones, Joseph Sclafani and Matt Allen worked on the appeal on behalf of Secretary of State Hosemann. On October 31, 2011, the Court affirmed the decision of the three-Judge panel making way for the November 2011 elections.