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Allen v. Caster

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21-1087 N.D. Ala. Oct 4, 2022
 Jun 8, 2023 5-4 Roberts OT 2022

Holding: Plaintiffs demonstrated a reasonable likelihood of success on their claim that the districting plan adopted by the state of Alabama for its 2022 congressional elections likely violated Section 2 of the Voting Rights Act.

Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on June 8, 2023. Chief Justice Roberts delivered the opinion of the court, except as to part III-B-1. Justices Sotomayor, Kagan, and Jackson joined the opinion in full, and Justice Kavanaugh joined except for Part III-B-1. Justice Kavanaugh filed an opinion concurring in all but Part III-B-1. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined, in which Justices Barrett joined as to Parts II and III, and in which Justice Alito joined as to Parts II-A and II-B. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 28 2022Application (21A376) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
Jan 28 2022Petition for a writ of certiorari before judgment filed. (Response due March 9, 2022)
Jan 28 2022Response to application (21A376) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.
Jan 31 2022Motion for Leave to File Amicus Brief and Amicus Brief of The National Republican Redistricting Trust not accepted for filing. (February 01, 2022 - Brief uploaded in wrong case)
Jan 31 2022Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
Jan 31 2022Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
Feb 01 2022Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
Feb 01 2022Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
Feb 02 2022Response to application from respondents Marcus Caster, et al. filed.
Feb 02 2022Reply of applicants John Merrill, et al. filed.
Feb 07 2022Application (21A376) referred to the Court.
Feb 07 2022Application (21A376) granted by the Court. The application is treated as a petition for a writ of certiorari before judgment (No. 21-1087). Respondents do not oppose treating the application as a petition for a writ of certiorari before judgment and do not oppose granting the petition (although they do oppose granting a stay). With that fact taken into account, the petition is granted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1536 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion).
Feb 22 2022This case is consolidated with No. 21-1086, and a total of one hour is allotted for oral argument. The question presented in these cases is: Whether the District Courts in these cases correctly found a violation of section 2 of the Voting Rights Act, 52 U. S. C. §10301.
Feb 22 2022Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1086. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1086. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Mar 21 2022Upon consideration of the motion to modify or amend the question presented, the question presented in these cases is amended as follows: Whether the State of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U. S. C. §10301. VIDED.
Jun 14 2022ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED.
Jun 22 2022Record requested from the 11th Circuit.
Jun 22 2022The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Jul 18 2022Amicus brief of District of Columbia not accepted for filing.( (In an granted consolidated case, it's only required to file in the lead case 21-1086). September 01, 2022)
Jul 21 2022CIRCULATED
Oct 04 2022Argued. For appellants/petitioners: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala. For appellees: Deuel Ross, Washington, D. C. For respondents: Abha Khanna, Seattle, Wash. For United States, as amicus curiae, supporting appellees/respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 08 2023Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, except as to Part III–B–1. Sotomayor, Kagan, and Jackson, JJ., joined that opinion in full, and Kavanaugh, J., joined except for Part III–B–1. Kavanaugh, J., filed an opinion concurring in all but Part III–B–1. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Barrett, J., joined as to Parts II and III, and in which Alito, J., joined as to Parts II–A and II–B. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED.
Jul 10 2023Judgment issued.