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Wittman v. Personhuballah

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Docket No. Op. Below Argument Opinion Vote Author Term
14-1504 E.D.V.A. Mar 21, 2016 May 23, 2016 8-0 Breyer OT 2015

Holding: The appellants, members of Congress, who intervened to help defend Virginia’s 2013 congressional redistricting plan, lack standing to pursue an appeal of the district court’s holding that the plan was unconstitutional.

Judgment: Appeal dismissed, 8-0, in an opinion by Justice Breyer on May 23, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 22 2015Statement as to jurisdiction filed. (Response due July 22, 2015)
Jul 22 2015Motion to dismiss or affirm filed by appellees Gloria Personhuballah, and James Farkas.
Jul 22 2015Motion to affirm filed by appellees Virginia State Board of Elections.
Aug 4 2015Reply of Appellants opposing motions to dismiss or affirm filed. (Distributed)
Aug 5 2015DISTRIBUTED for Conference of September 28, 2015.
Sep 28 2015The parties are directed to file supplemental briefs addressing the following question: Whether appellants have standing under Article III of the United States Constitution. The briefs, not to exceed 15 pages each, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before Tuesday, October 13, 2015. Reply briefs, not to exceed 10 pages each, are to be filed with the Clerk and served upon opposing counsel on or before Tuesday, October 20, 2015.
Oct 13 2015Supplemental brief of appellees Gloria Personhuballah, and James Farkas filed.
Oct 13 2015Supplemental brief of appellee Virginia State Board of Elections filed.
Oct 13 2015Supplemental brief of appellants Robert J. Wittman, et al., filed.
Oct 20 2015Reply brief on standing of appellees Gloria Personhuballah and James Farkas filed.
Oct 20 2015Reply brief on standing of appellants Robert J. Wittman, et al., filed. (Distributed)
Oct 20 2015Reply brief on standing of appellee Virginia State Board of Elections filed. (Distributed)
Oct 21 2015DISTRIBUTED for Conference of November 6, 2015.
Nov 9 2015DISTRIBUTED for Conference of November 13, 2015.
Nov 13 2015Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. In addition to the questions presented by the jurisdictional statement, the parties are directed to brief and argue the following question: Whether Appellants lack standing because none reside in or represent the only congressional district whose constitutionality is at issue in this case.
Dec 28 2015Brief of appellants Robert J. Wittman, et al., Appellants filed.
Dec 28 2015Joint appendix filed (3 Volumes). (Statement of costs filed)
Jan 4 2016Brief amici curiae of Alabama and Texas filed.
Jan 12 2016Application (15A724) for a stay pending appeal, submitted to The Chief Justice.
Jan 14 2016Response to application (15A724) requested by The Chief Justice, due Thursday, January 21, 2016, by 4 p.m. EST.
Jan 21 2016Response to application from respondent Virginia State Board of Elections, et al. filed.
Jan 21 2016Response to application from respondent Gloria Personhuballah and James Farkas filed.
Jan 21 2016Motion for leave to file amicus brief and motion for leave to file brief pursuant to Rule 33.2 filed by Virginia State Conference of the NAACP.
Jan 22 2016Reply of applicant Robert J. Wittman, et al., Appellants filed.
Jan 27 2016Brief of appellees Gloria Personhuballah and James Farkas filed.
Jan 27 2016Brief of appellees Virginia State Board of Elections, et al. filed.
Jan 29 2016SET FOR ARGUMENT ON Monday, March 21, 2016
Feb 1 2016Application (15A724) referred to the Court.
Feb 1 2016Application (15A724) denied by the Court.
Feb 2 2016Motion for divided argument and enlargement of time for oral argument filed by State appellees.
Feb 3 2016Brief amicus curiae of United States filed.
Feb 3 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 3 2016Brief amici curiae of Campaign Legal Center, et al. filed.
Feb 3 2016Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.
Feb 3 2016Brief amicus curiae of Virginia State Conference of the NAACP filed.
Feb 3 2016Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed.
Feb 4 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellees Gloria Personhuballah and James Farkas.
Feb 8 2016Record requested from the U.S.D.C. Eastern Dist. of VA. Richmond Div.
Feb 10 2016CIRCULATED.
Feb 12 2016Record received from the U.S.D.C. Eastern Dist. of Virginia is electronic and located on PACER, with the exception of 1 Box.
Feb 26 2016Reply of appellants Robert J. Wittman, et al. filed. (Distributed)
Feb 29 2016Motion for divided argument and enlargement of time for oral argument filed by State appellees GRANTED and the time is divided as follows: 35 minutes for appellants, 10 minutes for State appellees, 15 minutes for private appellees, and 10 minutes for the Solicitor General.
Feb 29 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 10 2016Record received again from the U.S.D.C. Eastern District of Virginia. (1 Envelope)
Mar 21 2016Argued. For appellants: Michael A. Carvin, Washington, D. C. For the State appellees: Stuart A. Raphael, Solicitor General of Virginia, Richmond, Va. For the private appellees: Marc E. Elias, Washington, D. C. For United States as amicus curiae in support of appellees: Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C.
Mar 25 2016Letter, dated March 25, 2016, received from counsel for the appellants Robert J. Wittman, et al. filed. (Distributed)
May 23 2016Appeal dismissed. Breyer, J., delivered the opinion for a unanimous Court.
Jun 24 2016JUDGMENT ISSUED
Jul 18 2016Record from U.S.D.C. Eastern District of Virginia has been returned.