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Berger v. North Carolina State Conference of the NAACP

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.

DateProceedings and Orders (key to color coding)
08/19/2021Petition for a writ of certiorari filed. (Response due September 22, 2021)
08/26/2021Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.
08/27/2021Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.
10/13/2021Waiver 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.
10/13/2021Brief of respondents Damon Circosta, et al. in opposition filed.
10/27/2021DISTRIBUTED for Conference of 11/12/2021.
10/27/2021Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
11/15/2021DISTRIBUTED for Conference of 11/19/2021.
11/24/2021Petition GRANTED.
01/10/2022Brief of petitioners Philip E. Berger, et al. filed.
01/10/2022Joint appendix filed. (Statement of cost filed)
01/17/2022Brief amicus curiae of Republican State Leadership Committee filed.
01/17/2022Brief amicus curiae of Liberty Justice Center filed.
01/17/2022Brief amicus curiae of Wisconsin Legislature filed.
01/18/2022Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.
01/18/2022Brief amicus curiae of American Legislative Exchange Council filed.
01/18/2022Brief amicus curiae of Republican National Committee filed.
01/18/2022Brief amicus curiae of Honest Elections Project filed.
01/18/2022Brief amici curiae of Arizona, et al. filed.
01/26/2022Record requested from the U.S.C.A. 4th Circuit.
01/28/2022ARGUMENT SET FOR Monday, March 21, 2022.
02/09/2022Brief of NAACP respondents filed.
02/09/2022Brief of State respondents filed. (Distributed)
02/11/2022CIRCULATED
02/16/2022Brief amici curiae of Federal Courts Scholars filed. (Distributed)
02/16/2022Brief amici curiae of Retired Federal Judges filed. (Distributed)
02/16/2022Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)
02/16/2022Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)
02/16/2022Motion for divided argument filed by respondents.
02/16/2022Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.
03/07/2022Motion for divided argument filed by respondents GRANTED.
03/08/2022Reply of petitioners Philip E. Berger, et al. filed. (Distributed)
03/21/2022Argued. 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.
06/23/2022Judgment 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.
07/25/2022JUDGMENT ISSUED