Evenwel v. Abbott
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-940 | W.D. Tex. | Dec 8, 2015 | Apr 4, 2016 | 8-0 | Ginsburg | OT 2015 |
Holding: As constitutional history, precedent, and practice demonstrate, a state or locality may draw its legislative districts based on total population.
Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on April 4, 2016. Justice Thomas filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Thomas joined except as to Part III-B.
SCOTUSblog Coverage
- Opinion analysis: Leaving a constitutional ideal still undefined (Lyle Denniston, April 4, 2016)
- Argument analysis: The choice -- be bold or practical (Lyle Denniston, December 8, 2015)
- Argument preview: How to measure "one person, one vote" (Lyle Denniston, December 1, 2015)
- Symposium: Evenwel v. Abbott and the Constitution’s big data problem (Nathaniel Persily, August 3, 2015)
- Symposium: Ideology, partisanship, and the new “one person, one vote” case (Richard Hasen, July 31, 2015)
- Symposium: Misguided hysteria over Evenwel v. Abbott (Richard Pildes, July 30, 2015)
- Symposium: Taking voter equality seriously (Ilya Shapiro, July 29, 2015)
- Symposium: Does “one person, one vote” really mean what it says? (Hans von Spakovsky, July 28, 2015)
- The new look at "one person, one vote," made simple (Lyle Denniston, July 27, 2015)
- Major test on voter equality set for review (Lyle Denniston, May 26, 2015)
- Petition of the day (Maureen Johnston, May 22, 2015)
| Date | Proceedings and Orders |
|---|---|
| Feb 2 2015 | Statement as to jurisdiction filed. (Response due March 6, 2015) |
| Feb 2 2015 | Supplemental Appendix of Sue Evenwel, et al., Appellants filed. |
| Feb 17 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Sue Evenwel, and Edward Pfenninger. |
| Feb 20 2015 | Order extending time to file response to jurisdictional statement to and including April 6, 2015. |
| Feb 27 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents |
| Mar 2 2015 | Brief amicus curiae of American Civil Rights Union filed. |
| Mar 5 2015 | Brief amici curiae of Cato Institute, et al. filed. |
| Mar 6 2015 | Brief amici curiae of Tennessee State Legislators and The Judicial Education Project filed. |
| Mar 6 2015 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Mar 6 2015 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| Mar 6 2015 | Brief amici curiae of Judicial Watch, Inc., et al. filed. |
| Apr 6 2015 | Motion to dismiss or affirm filed by appellees Greg Abbott, Governor of Texas, et al. |
| Apr 20 2015 | Reply of appellants Sue Evenwel, et al., Appellants filed. (Distributed) |
| Apr 21 2015 | DISTRIBUTED for Conference of May 14, 2015. |
| May 18 2015 | DISTRIBUTED for Conference of May 21, 2015. |
| May 26 2015 | PROBABLE JURISDICTION NOTED. |
| Jun 5 2015 | The time to file the joint appendix and appellants' brief on the merits is extended to and including July 31, 2015. |
| Jun 5 2015 | The time to file appellees' brief on the merits is extended to and including September 18, 2015. |
| Jun 9 2015 | Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellees. |
| Jun 10 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from appellants Sue Evenwel and Edward Pfenninger. |
| Jun 29 2015 | Motion to dispense with printing the joint appendix filed by appellants Sue Evenwel, et al. |
| Jul 31 2015 | Brief of appellants Sue Evenwel, et al. filed. |
| Aug 5 2015 | Brief amicus curiae of American Civil Rights Union filed. |
| Aug 7 2015 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| Aug 7 2015 | Brief amicus curiae of Project 21 filed. |
| Aug 7 2015 | Brief amicus curiae of Tennessee State Legislators and The Judicial Education Project filed. |
| Aug 7 2015 | Brief amici curiae of Cato Institute and Reason Foundation filed. |
| Aug 7 2015 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Aug 7 2015 | Brief amici curiae of Demographers Peter A. Morrison, et al. filed. |
| Aug 7 2015 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Aug 7 2015 | Brief amicus curiae of Immigration Reform Law Institute filed. |
| Aug 7 2015 | Brief amici curiae of Judicial Watch, Inc., et al. filed. |
| Aug 7 2015 | Brief amicus curiae of Yakima, Washington filed. |
| Sep 14 2015 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Sep 18 2015 | Brief of appellees Greg Abbott, Governor of Texas, et al. filed. |
| Sep 24 2015 | Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed. |
| Sep 24 2015 | Brief amicus curiae of Common Cause filed. |
| Sep 24 2015 | Brief amici curiae of Texas Senate Hispanic Caucus, et al. filed. |
| Sep 25 2015 | Brief amicus curiae of the United States filed. |
| Sep 25 2015 | Brief amicus curiae of Democratic National Committee filed. |
| Sep 25 2015 | Brief amici curiae of Former Directors of the U.S. Census Bureau filed. |
| Sep 25 2015 | Brief amicus curiae of The Brennan Center for Justice at N.Y.U. School of Law filed. |
| Sep 25 2015 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. |
| Sep 25 2015 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Sep 25 2015 | Brief amici curiae of Texas Senators filed. |
| Sep 25 2015 | Brief amicus curiae of Carl E. Heastie in His Official Capacity as Speaker of the New York State Assembly filed. |
| Sep 25 2015 | Brief amici curiae of Direct Action for Rights and Equality (DARE), et al. filed. |
| Sep 25 2015 | Brief amicus curiae of The City of New York filed. |
| Sep 25 2015 | Brief amici curiae of Hispanic National Bar Association, et al. filed. |
| Sep 25 2015 | Brief amici curiae of Children's Defense Fund, et al. filed. |
| Sep 25 2015 | Brief amici curiae of Hawaii Reapportionment Case Plaintiffs (David P. Brostrom, Andrew Walden) filed. |
| Sep 25 2015 | Brief amici curiae of New York, et al. filed. |
| Sep 25 2015 | Brief amici curiae of City of Los Angeles, et al. filed. |
| Sep 25 2015 | Brief amicus curiae of Harris County, Texas filed. |
| Sep 25 2015 | Brief amici curiae of Nathaniel Persily, et al. filed. |
| Sep 25 2015 | Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed. |
| Sep 25 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Sep 25 2015 | Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed. |
| Oct 9 2015 | SET FOR ARGUMENT on Tuesday, December 8, 2015 |
| Oct 19 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 19 2015 | Reply of appellants Sue Evenwel, et al. filed. |
| Oct 19 2015 | Record requested from the U.S.D.C. Western District of Texas. |
| Oct 23 2015 | Record received from the U.S.D.C. Western District of Texas is electronic. |
| Oct 27 2015 | CIRCULATED |
| Dec 8 2015 | Argued. For appellants: William S. Consovoy, Arlington, Va. For appellees: Scott A. Keller, Solicitor General, Austin, Tex.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Apr 4 2016 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined except as to Part III-B. |
| May 6 2016 | JUDGMENT ISSUED |
