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Alabama Democratic Conference v. Alabama

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1138 M.D. Ala. Nov 12, 2014 Mar 25, 2015 5-4 Breyer OT 2014

Holding: The district court"s analysis of the racial gerrymandering claim as referring to the state "as a whole," rather than district by district, was legally erroneous; the district court also erred in holding that the Alabama Democratic Conference lacked standing. Moreover, the district court did not properly calculate "predominance" in its alternative holding that race was not the predominant motivating factor in the creation of any of the challenged districts. Finally, the district court"s other alternative holding " that the challenged districts would satisfy strict scrutiny " rests on a misperception of the law: Section 5 of the Voting Rights Act does not require a covered jurisdiction to maintain a particular numerical minority percentage. Instead, it requires the jurisdiction to maintain a minority"s ability to elect a preferred candidate of choice.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/14/2014Statement as to jurisdiction filed. (Response due April 21, 2014)
04/21/2014Motion to dismiss or affirm filed by appellees Alabama, et al.
05/05/2014Reply of appellants Alabama Democratic Conference, et al. filed.
05/06/2014DISTRIBUTED for Conference of May 22, 2014.
05/27/2014DISTRIBUTED for Conference of May 29, 2014.
06/02/2014PROBABLE JURISDICTION NOTED limited to Question 1 presented by the statement as to jurisdiction. Probable jurisdiction is noted in No. 13-895 limited to Question 2 presented by the statement as to jurisdiction. The cases are consolidated and a total of one hour is allotted for oral argument.
07/10/2014Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for the appellees.
07/22/2014The time to file the joint appendix and appellants' briefs on the merits is extended to and including August 13, 2014.
07/22/2014The time to file appellees' briefs on the merits is extended to and including October 9, 2014.
08/05/2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellants Alabama Democratic Conferenc, et al.
08/13/2014Joint appendix filed. VIDED. (Statement of costs filed)
08/13/2014Brief of appellants Alabama Democratic Conference, et al. filed.
08/13/2014Proposal of appellant to lodge copies of affidavit of Joe L. Reed.
08/18/2014Opposition of appellees to appellants' lodging proposal.
08/20/2014Brief amicus curiae of the United States in support of neither party filed. VIDED.
08/20/2014Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law in support of neither party filed. VIDED.
08/20/2014Brief amici curiae of Professors Ronald Keith Gaddie, et al. in support of neither party filed.
08/20/2014Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED.
08/20/2014Brief amici curiae of North Carolina Litigants filed. VIDED.
08/20/2014Brief amicus curiae of The Brennan Center for Justice at N.Y.U. School of Law filed. VIDED.
08/20/2014Brief amicus curiae of Anti-Defamation League filed.
09/04/2014SET FOR ARGUMENT on Wednesday, November 12, 2014. VIDED
09/04/2014Appellants' reply to appellees opposition to appellants' lodging proposal.
09/08/2014Record requested for U.S.D.C. for Middle District of Alabama.
09/09/2014The Record received from U.S.D.C. for Middle District of Alabama is electronic and located on PACER.
09/19/2014CIRCULATED
09/24/2014Application (14A335) to file a consolidated appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas. VIDED
10/09/2014Brief of appellees Alabama, et al. filed. VIDED. (Distributed)
10/15/2014Motion for divided argument filed by appellants. VIDED.
10/15/2014Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed. VIDED.
10/16/2014Brief amici curiae of Speaker of the Alabama House of Representatives and President Pro Tempore of the Alabama Senate filed. VIDED. (Distributed)
10/16/2014Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED. (Distributed)
10/16/2014Brief amicus curiae of Dalton J. Oldham filed. VIDED. (Distributed)
10/28/2014Reply of appellants Alabama Democratic Conference, et al. filed. (Distributed)
10/30/2014Proposal of counsel for the appellees to lodge copies of the complaint in Figgs, et al. v. Quitman County, et al. VIDED
10/31/2014Motion for divided argument filed by appellants GRANTED.
10/31/2014Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument GRANTED and the time is to be divided as follows: 30 minutes for appellants, 30 minutes for appellees, and 10 minutes for the United States as amicus curiae. VIDED
11/12/2014Argued. For appellants in 13-895: Eric Schnapper, Seattle, Wash. For appellants in 13-1138: Richard Pildes, New York, N. Y. For United States, as amicus curiae: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For appellees: Andrew L. Brasher, Solicitor General, Montgomery, Ala.
11/13/2014Letter of appellants Alabama Democratic Conference, et al. filed. (Distributed)
12/31/2014The Clerk has approved appellants' lodging proposal of August 11, 2014. Copies of Joe L. Reed's affidavit lodged. (Distributed)
03/25/2015Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion.
04/27/2015JUDGMENT ISSUED