As I predicted Texas Governor Rick Perry's attorney's have filed to have the case dismissed outright with prejudice. Go to the link to read the writ.
http://www.kens5.com/story/news/politics/2014/08/25/perry-attorneys-file...
I must say this is one of the best writs I've seen in a while. It details why using the courts for political reasons is a bad idea and the freedoms it attacks on us and our political system.