Arizona v. The Inter Tribal Council of Arizona, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-71 | 9th Cir. | Mar 18, 2013 | Jun 17, 2013 | 7-2 | Scalia | OT 2012 |
Holding: As applied to applicants who use a uniform federal form that merely requires them to aver, under penalty of perjury, that they are U.S. citizens, Arizona’s requirement that would-be voters provide actual proof of U.S. citizenship is pre-empted by the National Voter Registration Act's mandate that states “accept and use” the federal form.
Judgment: Affirmed, 7-2, in an opinion by Justice Scalia on June 17, 2013. Justice Kennedy filed an opinion concurring in part and concurring in the judgment. Justice Thomas and Justice Alito filed dissenting opinions.
SCOTUSblog Coverage
- Pyrrhic victory for federal government in Arizona voter registration case? [UPDATED with reference to Shelby County] (Marty Lederman, June 17, 2013)
- Opinion recap: One hand giveth....(UPDATED) (Lyle Denniston, June 17, 2013)
- Details: Arizona v. Inter Tribal Council of Arizona, Inc. (Tejinder Singh, June 17, 2013)
- Argument recap: Does "may only" mean "shall only"? (Lyle Denniston, March 18, 2013)
- Argument preview: Election integrity, or voter suppression? (Lyle Denniston, March 15, 2013)
- Court to rule on Arizona voting law (FINAL UPDATE) (Lyle Denniston, October 15, 2012)
- Petition of the day (Ben Cheng, September 19, 2012)
| Date | Proceedings and Orders |
|---|---|
| Jul 16 2012 | Petition for a writ of certiorari filed. (Response due August 17, 2012) |
| Aug 8 2012 | Order extending time to file response to petition to and including August 31, 2012, for all respondents. |
| Aug 14 2012 | Brief amicus curiae of American Unity Legal Defense Fund filed. |
| Aug 15 2012 | Motion for leave to file amicus brief filed by Mountain States Legal Foundation. |
| Aug 17 2012 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| Aug 17 2012 | Brief amici curiae of Alabama, et al. filed. |
| Aug 20 2012 | Waiver of right of Coconino County Respondents to respond filed. |
| Aug 29 2012 | Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. in opposition filed. |
| Aug 31 2012 | Brief of respondents Jesus M. Gonzalez, et al. in opposition filed. |
| Sep 11 2012 | Reply of petitioners Arizona, et al. to the response of Inter-Tribal Council of Arizona, et al. filed. |
| Sep 11 2012 | Reply of petitioners Arizona, et al. to the response of Jesus Gonzalez, et al. filed. |
| Sep 12 2012 | DISTRIBUTED for Conference of October 5, 2012. |
| Oct 2 2012 | Supplemental brief of petitioners Arizona, et al. filed. (Distributed) |
| Oct 4 2012 | Supplemental brief of respondents Jesus M. Gonzalez, et al. filed. (Distributed) |
| Oct 9 2012 | DISTRIBUTED for Conference of October 12, 2012. |
| Oct 15 2012 | Motion for leave to file amicus brief filed by Mountain States Legal Foundation GRANTED. |
| Oct 15 2012 | Petition GRANTED. |
| Oct 29 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Arizona, et al. |
| Nov 19 2012 | Joint motion of Gonzalez, et al. and Arizona to correct case caption filed by respondents Jesus M. Gonzalez, et al. |
| Nov 20 2012 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2012. |
| Nov 29 2012 | Response to motion to correct case caption from counsel for Inter Tribal Council of Arizona, Inc., et al. |
| Nov 30 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Inter Tribal Council of Arizona, Inc., et al. |
| Dec 3 2012 | Reply of Gonzalez, et al. and Arizona, et al. to Inter Tribal Council of Arizona, Inc., et al. response to motion to correct case caption filed. |
| Dec 7 2012 | The time to file respondents' briefs on the merits is extended to and including January 14, 2013. |
| Dec 7 2012 | Joint appendix filed. (Statement of costs filed) |
| Dec 7 2012 | Brief of petitioners Arizona, et al. filed. |
| Dec 7 2012 | Brief of petitioners Twenty-six County Recorders and County Election Directors filed. |
| Dec 11 2012 | Brief amicus curiae of American Unity Legal Defense Fund filed. |
| Dec 13 2012 | Brief amicus curiae of Kris W. Kobach, Kansas Secretary of State filed. |
| Dec 14 2012 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| Dec 14 2012 | Brief amicus curiae of Landmark Legal Foundation filed. |
| Dec 14 2012 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Dec 14 2012 | Brief amici curiae of Alabama, et al. filed. |
| Dec 14 2012 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Dec 14 2012 | Brief amicus curiae of State Senator Russell Pearce filed. |
| Dec 14 2012 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| Dec 14 2012 | Brief amicus curiae of Members of Congress filed. |
| Dec 19 2012 | Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party, received from counsel for the Gonzalez respondents. |
| Dec 20 2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coconino County, Arizona et al. |
| Dec 26 2012 | Motion DISTRIBUTED for Conference of January 11, 2013. |
| Jan 7 2013 | SET FOR ARGUMENT ON Monday, March 18, 2013 |
| Jan 10 2013 | CIRCULATED. |
| Jan 14 2013 | Motion to correct case caption DENIED. |
| Jan 14 2013 | Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. filed. (Distributed) |
| Jan 14 2013 | Brief of respondents Jesus M. Gonzalez, et al. filed (Appendix to brief bound separately.) |
| Jan 18 2013 | Record from U.S.C.A. for 9th Circuit is electronic. |
| Jan 18 2013 | Record from U.S.D.C. for District fo Arizona is electronic. |
| Jan 22 2013 | Brief amicus curiae of the United States filed. (Distributed) |
| Jan 22 2013 | Brief amicus curiae of League of Women Voters filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of Constitutional Law Professors filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of Election Administrators filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of Members of Congress filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of Overseas Vote Foundation, et al. filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed) |
| Jan 22 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jan 22 2013 | Brief amicus curiae of Community Voter Registration Organizations filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| Jan 22 2013 | Brief amicus curiae of Asian American Legal Defense and Education Fund filed. (Distributed) |
| Jan 22 2013 | Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed) |
| Feb 13 2013 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| Feb 19 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 18 2013 | Argued. For petitioners: Thomas C. Horne, Attorney General of Arizona, Phoenix, Ariz. For respondents: Patricia Millett, Washington, D. C.; and Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. (for Untied States, as amicus curiae.) |
| Jun 17 2013 | Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Kennedy, J., joined in part. Kennedy, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., and Alito, J., filed dissenting opinions. |
| Jul 19 2013 | JUDGMENT ISSUED |
