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Berger v. North Carolina State Conference of the NAACP

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Docket No. Op. Below Argument Opinion Vote Author Term
21-248 4th Cir. Mar 21, 2022 Jun 23, 2022 8-1 Gorsuch OT 2021

Holding: The speaker of the North Carolina State House of Representatives and the president pro tempore of the North Carolina State Senate are entitled to intervene in this litigation challenging North Carolina’s voter-ID law.

Judgment: Reversed, 8-1, in an opinion by Justice Gorsuch on June 23, 2022. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 19 2021Petition for a writ of certiorari filed. (Response due September 22, 2021)
Aug 26 2021Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
Aug 27 2021Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
Oct 13 2021Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.
Oct 13 2021Brief of respondents Damon Circosta, et al. in opposition filed.
Oct 27 2021DISTRIBUTED for Conference of 11/12/2021.
Oct 27 2021Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
Nov 24 2021Petition GRANTED.
Jan 10 2022Brief of petitioners Philip E. Berger, et al. filed.
Jan 10 2022Joint appendix filed. (Statement of cost filed)
Jan 17 2022Brief amicus curiae of Republican State Leadership Committee filed.
Jan 17 2022Brief amicus curiae of Liberty Justice Center filed.
Jan 17 2022Brief amicus curiae of Wisconsin Legislature filed.
Jan 18 2022Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
Jan 18 2022Brief amicus curiae of American Legislative Exchange Council filed.
Jan 18 2022Brief amicus curiae of Republican National Committee filed.
Jan 18 2022Brief amicus curiae of Honest Elections Project filed.
Jan 18 2022Brief amici curiae of Arizona, et al. filed.
Jan 26 2022Record requested from the U.S.C.A. 4th Circuit.
Jan 28 2022ARGUMENT SET FOR Monday, March 21, 2022.
Feb 09 2022Brief of NAACP respondents filed.
Feb 09 2022Brief of State respondents filed. (Distributed)
Feb 11 2022CIRCULATED
Feb 16 2022Brief amici curiae of Federal Courts Scholars filed. (Distributed)
Feb 16 2022Brief amici curiae of Retired Federal Judges filed. (Distributed)
Feb 16 2022Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
Feb 16 2022Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
Feb 16 2022Motion for divided argument filed by respondents.
Feb 16 2022Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
Mar 07 2022Motion for divided argument filed by respondents GRANTED.
Mar 08 2022Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
Mar 21 2022Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.
Jun 23 2022Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed a dissenting opinion.
Jul 25 2022JUDGMENT ISSUED