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Moore v. Harper

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1271 N.C. Dec 7, 2022
 Jun 27, 2023 6-3 Roberts OT 2022

Holding: The federal elections clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections and therefore did not bar the North Carolina Supreme Court from reviewing the North Carolina legislature’s congressional districting plans for compliance with North Carolina law.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on June 27, 2023. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed a dissenting opinion in which Justice Gorsuch joined and in which Justice Alito joined as to Part I.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 25 2022Application (21A455) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Feb 25 2022Response to application (21A455) requested by The Chief Justice, due by 5 p.m. on Wednesday, March 2, 2022.
Feb 25 2022Letter dated February 25, 2022 from counsel for applicants filed.
Mar 02 2022Response to application from State Respondents filed.
Mar 02 2022Response to application from respondents Rebecca Harper, et al. filed.
Mar 02 2022Response to application from respondent Common Cause filed.
Mar 02 2022Response to application from respondents North Carolina League of Conservation Voters, Inc., et al. filed.
Mar 02 2022Motion for Leave to File Brief of Amicus Curiae filed by National Republican Redistricting Trust.
Mar 02 2022Motion for Leave to File Brief of Amici Curiae filed by Republican National Committee, NRCC, North Carolina Republican Party.
Mar 03 2022Reply of applicants Timothy Moore, et al. filed.
Mar 07 2022Application (21A455) referred to the Court.
Mar 07 2022Application (21A455) denied by the Court. Justice Kavanaugh concurring in the denial of the application for stay. (Detached opinion). Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from the denial of the application for stay. (Detached opinion).
Mar 17 2022Petition for a writ of certiorari filed. (Response due April 20, 2022)
Apr 08 2022Motion to extend the time to file a response from April 20, 2022 to June 20, 2022, submitted to The Clerk.
Apr 11 2022Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2022.
Apr 20 2022Brief amicus curiae of National Republican Redistricting Trust filed.
May 20 2022Brief of respondents North Carolina League of Conservation Voters, Inc., et al. in opposition filed.
May 20 2022Brief of respondents State Respondents in opposition filed.
May 20 2022Brief of respondent Common Cause in opposition filed.
May 20 2022Brief of respondents Rebecca Harper, et al. in opposition filed.
May 27 2022Reply of petitioners Timothy Moore, et al. filed. (Distributed)
May 31 2022DISTRIBUTED for Conference of 6/16/2022.
Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
Jun 30 2022Petition GRANTED.
Jul 19 2022Motion for an extension of time to file the briefs on the merits filed.
Jul 22 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2022. The time to file respondents' brief on the merits is extended to and including October 19, 2022.
Jul 25 2022Blanket Consent filed by Respondent, Common Cause
Jul 26 2022Blanket Consent filed by Respondent, State Respondents
Aug 04 2022Blanket Consent filed by Respondent, North Carolina League of Conservation Voters, Inc.
Aug 09 2022Blanket Consent filed by Respondent, Rebecca Harper, et al.
Aug 29 2022Motion to dispense with printing the joint appendix filed by petitioners Timothy Moore, et al.
Aug 29 2022Brief of petitioners Timothy Moore, et al. filed.
Aug 31 2022Amicus brief of White House Watch, a project of United States Public Policy Council et al. (including 33 Individuals) not accepted for filing. (Corrected version submitted September 02, 2022)
Aug 31 2022Brief amici curiae of White House Watch, a project of United States Public Policy Council, et al. filed.(File Date Corrected.)
Sep 02 2022Brief amicus curiae of Restoring Integrity and Trust in Elections, Inc. filed.
Sep 02 2022Brief amici curiae of Senator Kim Ward, et al. filed.
Sep 02 2022Brief amici curiae of Wisconsin Voter Alliance, et al. in support of neither party filed.
Sep 02 2022Brief amicus curiae of Hon. John R. Ashcroft filed.
Sep 06 2022Brief amicus curiae of Taxpayers For Honest Elections filed.
Sep 06 2022Brief amicus curiae of Public Interest Legal Foundation filed.
Sep 06 2022Brief amicus curiae of The Claremont Institute's Center for Constitutional Jurisprudence filed.
Sep 06 2022Brief amicus curiae of The American Legislative Exchange Council filed.
Sep 06 2022Brief amicus curiae of APA Watch filed.
Sep 06 2022Brief amicus curiae of National Republican Redistricting Trust filed.
Sep 06 2022Brief amici curiae of Republican National Committee, et al. filed.
Sep 06 2022Brief amicus curiae of America First Legal Foundation filed.
Sep 06 2022Brief amicus curiae of Conference of Chief Justices in support of neither party filed.
Sep 06 2022Brief amici curiae of Group of New York Voters in support of neither party filed.
Sep 06 2022Brief amici curiae of Lawyers Democracy Fund and State Legislators filed.
Sep 06 2022Brief amici curiae of Citizens United, et al. filed.
Sep 06 2022Brief amicus curiae of Honest Elections Project filed.
Sep 06 2022Brief amicus curiae of America's Future, Inc. filed.
Sep 06 2022Brief amici curiae of Arkansas, et al. filed.
Sep 06 2022Brief amicus curiae of Arizona Independent Redistricting Commission in support of neither party filed.
Sep 07 2022Blanket Consent filed by Petitioner, Timothy Moore, et al.
Sep 30 2022Application (22A289) of non-state respondents to file a consolidated response brief on the merits in excess of the word limit, submitted to The Chief Justice.
Oct 03 2022Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Oct 07 2022Application (22A289) granted by The Chief Justice to file a consolidated respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 20,000 words..
Oct 18 2022SET FOR ARGUMENT on Wednesday, December 7, 2022.
Oct 19 2022Brief of state respondents filed.
Oct 19 2022Consolidated brief of non-state respondents filed.
Oct 20 2022Brief amici curiae of Thomas Griffith, et al. filed.
Oct 24 2022Brief amicus curiae of Stephen M. Shapiro filed.
Oct 24 2022Brief amicus curiae of Michael L. Rosin filed.
Oct 24 2022Brief amici curiae of Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi filed.
Oct 25 2022Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)
Oct 25 2022Brief amicus curiae of Richard L. Hasen filed. (Distributed)
Oct 25 2022Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)
Oct 25 2022Brief amici curiae of Charles Plambeck and Joni Walser filed. (Distributed)
Oct 25 2022Brief amici curiae of Local Government Law Professors filed. (Distributed)
Oct 25 2022CIRCULATED.
Oct 26 2022Brief amici curiae of Bipartisan Current and Former Election Officials Donetta Davidson, et al. filed. (Distributed)
Oct 26 2022Brief amici curiae of Law Forward, et al. filed. (Distributed)
Oct 26 2022Amicus brief of U.S. Senator Amy Klobuchar, et al. not accepted for filing. (October 27, 2022 - corrected brief to be submitted)
Oct 26 2022Brief amici curiae of Senator Amy Klobuchar, et al. filed. (Distributed)
Oct 26 2022Brief amici curiae of Scholars of the Founding Era filed. (Distributed)
Oct 26 2022Brief amici curiae of District of Columbia, Illinois, et al. filed. (Distributed)
Oct 26 2022Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Oct 26 2022Brief amicus curiae of FairDistricts Now filed. (Distributed)
Oct 26 2022Brief amicus curiae of Gov. Arnold Schwarzenegger filed. (Distributed)
Oct 26 2022Brief amicus curiae of Professor Derek T. Muller filed. (Distributed)
Oct 26 2022Brief amici curiae of Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania filed. (Distributed)
Oct 26 2022Brief amicus curiae of American Bar Association filed. (Distributed)
Oct 26 2022Brief amici curiae of Scholars of State Constitutional Law filed. (Distributed)
Oct 26 2022Brief amicus curiae of Professor Evan Bernick filed. (Distributed)
Oct 26 2022Brief amicus curiae of Benjamin L. Ginsberg filed. (Distributed)
Oct 26 2022Brief amicus curiae of Women4Change Indiana, Inc. filed. (Distributed)
Oct 26 2022Brief amici curiae of League of Women Voters of the United States and Leagues of Women Voters Representing 50 States and the District Of Columbia filed. (Distributed)
Oct 26 2022Brief amici curiae of Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji filed. (Distributed)
Oct 26 2022Brief amici curiae of Former Republican Elected and Executive Branch Officials filed. (Distributed)
Oct 26 2022Brief amici curiae of The Anti-Defamation League, et al. filed. (Distributed)
Oct 26 2022Brief amici curiae of The National Association of Counties, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association, and The International Municipal Lawyers Association filed. (Distributed)
Oct 26 2022Brief amicus curiae of William M. Treanor filed. (Distributed)
Oct 26 2022Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. (Distributed)
Oct 26 2022Brief amici curiae of State Constitutional Historians Lawrence Friedman and Robert F. Williams filed. (Distributed)
Oct 26 2022Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
Oct 26 2022Brief amici curiae of The Making Every Vote Count Foundation and The Leadership Now Foundation filed. (Distributed)
Oct 26 2022Brief amicus curiae of Lawyers Defending American Democracy filed. (Distributed)
Oct 26 2022Brief amici curiae of North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II filed. (Distributed)
Oct 26 2022Brief amicus curiae of United States filed. (Distributed)
Oct 26 2022Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 26 2022Motion for divided argument and for enlargement of time for oral argument filed by the respondents.
Oct 26 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 26 2022Brief amicus curiae of Human Rights Watch filed. (Distributed)
Oct 26 2022Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces filed. (Distributed)
Oct 26 2022Brief amici curiae of Boston University Center for Antiracist Research and Professor Atiba R. Ellis filed. (Distributed)
Oct 26 2022Brief amicus curiae of Public Citizen filed. (Distributed)
Oct 26 2022Brief amici curiae of Democracy and Race Scholars filed. (Distributed)
Oct 26 2022Brief amici curiae of The Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
Oct 26 2022Brief amici curiae of Current and Former Election Administrators filed. (Distributed)
Oct 26 2022Brief amici curiae of Secretaries of State of Colorado, et al. filed. (Distributed)
Oct 26 2022Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)
Oct 26 2022Amicus brief of U.S. Senator Sheldon Whitehouse and Representative Henry “Hank” Johnson, Jr. not accepted for filing. (Corrected brief and file to be submitted.)
Oct 26 2022Brief amici curiae of U.S. Senator Sheldon Whitehouse, et al. filed. (12/06/2022) (Distributed)
Oct 27 2022Application (22A385) to file a reply brief on the merits in excess of the word limitation, not to exceed 11,000 words, submitted to The Chief Justice.
Oct 28 2022Record requested from the Supreme Court of North Carolina.
Nov 01 2022Record received from the Supreme Court of North Carolina. The record is electronically filed.
Nov 03 2022Application (22A385) granted by The Chief Justice to file a reply brief on the merits in excess of the word limitation, not to exceed 11,000 words.
Nov 07 2022Motion for divided argument filed by respondents GRANTED.
Nov 07 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 18 2022Reply of petitioners Timothy Moore, et al. filed. (Distributed)
Dec 07 2022Argued. For petitioners: David H. Thompson, Washington, D. C. For private respondents: Neal K. Katyal, Washington, D. C. For state respondents: Donald B. Verrilli, Jr., Washington, D. C. For United States, as amicus curiae, supporting respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
Dec 21 2022Letter from petitioners and respondents giving notice of the December 16, 2022 decision of the North Carolina Supreme Court in Harper v. Hall (No. 413PA21) filed. (Distributed)
Mar 02 2023The parties and the Solicitor General are directed to file supplemental letter briefs addressing the following question: What is the effect on this Court’s jurisdiction under 28 U. S. C. §1257(a) and Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975), of the North Carolina Supreme Court’s February 3, 2023 order granting rehearing, and any subsequent state court proceedings? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, March 20, 2023.
Mar 20 2023Supplemental letter brief of petitioners filed. (Distributed)
Mar 20 2023Supplemental letter brief of respondent Common Cause filed. (Distributed)
Mar 20 2023Supplemental letter brief of state respondents filed. (Distributed)
Mar 20 2023Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
Mar 20 2023Supplemental letter brief of respondent North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
Mar 20 2023Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
May 03 2023Letter from the parties notifying the Court of the April 28, 2023 decision of the North Carolina Supreme Court in Harper v. Hall (attached). filed. (Distributed)
May 04 2023The parties and the Solicitor General are invited to file supplemental letter briefs addressing the following question: What is the effect on this Court's jurisdiction of the April 28, 2023 order of the North Carolina Supreme Court? The briefs, not to exceed 10 pages, are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Thursday, May 11, 2023.
May 11 2023Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
May 11 2023Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
May 11 2023Supplemental letter brief of petitioners filed. (Distributed)
May 11 2023Supplemental letter brief of respondent Common Cause filed. (Distributed)
May 11 2023Supplemental letter brief of respondents State Respondents filed. (Distributed)
May 11 2023Supplemental letter brief of North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
Jun 27 2023Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion in which Gorsuch, J., joined, and in which Alito, J., joined as to Part I.
Jul 31 2023Judgment and mandate issued.