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Lamone v. Benisek

Consolidated with:

Docket No. Argument Opinion Vote Author Term
18-726 Mar 26, 2019 Jun 27, 2019 5-4 Roberts OT 2018

Holding: Partisan gerrymandering claims present political questions beyond the reach of the federal courts.

Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 27, 2019. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/03/2018Statement as to jurisdiction filed. (Response due January 7, 2019)
12/11/2018Motion to affirm filed by appellees John Benisek, et al.
12/18/2018Opposition to motion of appellants Linda Lamone, et al. filed. (Distributed)
12/19/2018DISTRIBUTED for Conference of 1/4/2019.
12/19/2018Motion for leave to file amicus brief filed by David Trone. (Distributed)
01/04/2019Motion for leave to file amicus brief filed by David Trone GRANTED.
01/04/2019Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session.
01/08/2019Appellants' briefs on the merits are to be filed on or before Friday, February 8, 2019. Appellees' briefs on the merits are to be filed on or before Monday, March 4, 2019. Reply briefs on the merits are to be filed in accordance with Rule 25.3 of the Rules of this Court. Amicus curiae briefs in support of appellants or in support of neither party are to be filed on or before Tuesday, February 12, 2019. Amicus curiae briefs in support of appellees are to be filed on or before Friday, March 8, 2019.
01/25/2019SET FOR ARGUMENT on Tuesday, March 26, 2019
01/25/2019Blanket Consent filed by Petitioners, Linda Lamone, et al..
02/07/2019Blanket Consent filed by Respondents, John Benisek, et al..
02/08/2019Joint appendix (5 volumes) filed. (Statement of costs filed)
02/08/2019Brief of appellants Linda Lamone, et al. filed.
02/11/2019Brief amicus curiae of David Orentlicher filed (also in 18-422).
02/12/2019Brief amicus curiae of Representative David Trone filed.
02/12/2019Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-422). (Distributed)
02/12/2019Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
02/14/2019CIRCULATED
03/04/2019Brief of appellees John Benisek, et al. filed. (Distributed)
03/06/2019Amicus brief of Robert Lee Stone, Jr., and John Harvard Lomax, Jr. not accepted for filing. (Corrected version submitted)
03/06/2019Brief amici curiae of Robert Lee Stone, Jr., and John Harvard Lomax, Jr. filed. (March 8, 2018). (Distributed)
03/06/2019Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
03/08/2019Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-422). (Distributed)
03/08/2019Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
03/08/2019Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-422). (Distributed)
03/08/2019Brief amicus curiae of Constitutional Accountability Center filed (also in 18-422). (Distributed)
03/08/2019Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
03/08/2019Brief amici curiae of Political Science Professors filed (also in 18-422). (Distributed)
03/08/2019Brief amicus curiae of the American Jewish Committee filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of Constitutional Law Scholars Michael C. Dorf, et al. filed. (Distributed)
03/08/2019Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of Historians filed (also in 18-422). (Distributed)
03/08/2019Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-422). (Distributed)
03/08/2019Brief amicus curiae of Professor Michael Kang filed (also in 18-422). (Distributed)
03/08/2019Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-422). (Distributed)
03/11/2019Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
03/11/2019Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-422). (Distributed)
03/15/2019Reply of appellants Linda Lamone, et al. filed. (Distributed)
03/26/2019Argued. For appellants: Steven M. Sullivan, Solicitor General, Baltimore, Md. For appellees: Michael B. Kimberly, Washington, D. C.
06/27/2019Judgment VACATED and case REMANDED (Decided together with No. 18-422). Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. VIDED.
07/29/2019JUDGMENT ISSUED.