Rucho v. Common Cause

Consolidated with:

Lamone v. Benisek

Docket No.	Argument	Opinion	Vote	Author	Term
18-422	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

Tom Goldstein and Sarah Harrington review past Supreme Court term with Casetexts Laura Safdie (SCOTUStalk, July 9, 2019)
Gerrymandering symposium: Supreme Court confirms that it will not save our maps, only voters can (Thomas Wolf, June 28, 2019)
Gerrymandering symposium: Finally finality from the Supreme Court on partisan gerrymandering (Justin Riemer, June 28, 2019)
Gerrymandering symposium: The racial implications of yesterdays partisan gerrymandering decision (Kristen Clarke and Jon Greenbaum, June 28, 2019)
Gerrymandering symposium: Court to foxes -- Please guard henhouse (Benjamin Battles, June 28, 2019)
Gerrymandering symposium: Janus-like judicial restraint in political gerrymanders and the census (Ken Klukowski, June 28, 2019)
Gerrymandering symposium: Time to find someone else to solve partisan gerrymandering (Andrew Pinson, June 28, 2019)
Opinion analysis: No role for courts in partisan gerrymandering (Updated) (Amy Howe, June 28, 2019)
A view from the courtroom: With respect but deep sadness (Mark Walsh, June 27, 2019)
The final three weeks of October term 2018 (SCOTUStalk, June 10, 2019)
Argument analysis: Justices divided and hard to read on partisan gerrymandering (Amy Howe, March 26, 2019)
Argument preview: Justices to tackle partisan gerrymandering again (Amy Howe, March 19, 2019)
Symposium: Clarity of the record should bring clarity of purpose (Justin Levitt, February 11, 2019)
Symposium: 1 First Street, NE, Punxsutawney, PA (Tyler Green, February 8, 2019)
Symposium: Precedent dictates a win for the plaintiffs in this terms partisan-gerrymandering cases (Guy-Uriel E. Charles and Luis E. Fuentes-Rohwer, February 7, 2019)
Symposium: Much ado about partisan gerrymandering (Kaylan Phillips, February 7, 2019)
Symposium: How to win the partisan-gerrymandering cases (Daniel Tokaji, February 6, 2019)
Symposium: Why not continue the political struggle in partisan-gerrymandering cases? (Derek Muller, February 5, 2019)
Justices to tackle partisan gerrymandering ... again: In Plain English (Amy Howe, February 4, 2019)
Supreme Court to tackle partisan gerrymandering again (Amy Howe, January 4, 2019)

Date	Proceedings and Orders (key to color coding)
10/01/2018	Statement as to jurisdiction filed. (Response due November 2, 2018)
10/23/2018	Blanket Consent filed by Respondents, Common Cause, et al..
10/30/2018	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
10/31/2018	Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.
11/01/2018	Brief amicus curiae of Philip P. Kalodner filed.
11/02/2018	Motion to affirm filed by appellees Common Cause, et al.
11/05/2018	Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..
11/08/2018	Supplemental brief of appellees Common Cause, et al. filed.
11/20/2018	DISTRIBUTED for Conference of 12/7/2018.
11/20/2018	Brief opposing motion to affirm from appellants Robert A. Rucho, et al. filed. (Distributed)
12/10/2018	Rescheduled.
12/19/2018	DISTRIBUTED for Conference of 1/4/2019.
01/04/2019	Further 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.
01/08/2019	Appellants' 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.
01/25/2019	SET FOR ARGUMENT on Tuesday, March 26, 2019
01/30/2019	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
02/05/2019	Blanket Consent filed by Respondents, Common Cause, et al..
02/05/2019	Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.
02/05/2019	Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.
02/08/2019	Joint appendix (2 volumes) filed. (Statement of costs received)
02/08/2019	Brief of appellants Robert A. Rucho, et al. filed.
02/11/2019	Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).
02/11/2019	Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)
02/12/2019	Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed. (Distributed)
02/12/2019	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)
02/12/2019	Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
02/12/2019	Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)
02/12/2019	Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)
02/12/2019	Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)
02/12/2019	Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)
02/12/2019	Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)
02/12/2019	Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
02/14/2019	CIRCULATED
02/15/2019	Brief amici curiae of States of Texas, et al. filed. (Distributed)
02/21/2019	Record requested from the U.S.D.C. Middle Dist. of North Carolina.
02/21/2019	Record from the U.S.C.A 4th Circuit is electronic and located on PACER.
03/04/2019	Brief of appellees League of Women Voters of North Carolina, et al. filed. (Reprinted version submitted)
03/04/2019	Brief of appellees League of Women Voters of North Carolina, et al. filed. (March 5, 2019) (Distributed)
03/04/2019	Brief of appellees Common Cause, et al. filed. (Distributed)
03/06/2019	Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
03/07/2019	Brief amicus curiae of First Amendment Clinic Duke Law School filed. (Distributed)
03/07/2019	Brief amicus curiae of Eric S. Lander filed. (Distributed)
03/08/2019	Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
03/08/2019	Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
03/08/2019	Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-726). (Distributed)
03/08/2019	Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
03/08/2019	Brief amici curiae of Professors Wesley Pegden, et al. filed. (Distributed)
03/08/2019	Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Professors Christopher S. Elmendorf, et al. filed. (Distributed)
03/08/2019	Brief amicus curiae of Constitutional Accountability Center filed. (also in 18-726) (Distributed)
03/08/2019	Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
03/08/2019	Brief amici curiae of States of Oregon, et al. filed. (Distributed)
03/08/2019	Brief amici curiae of 27 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
03/08/2019	Brief amicus curiae of the American Jewish Committee filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Political Science Professors filed (also in18-726). (Distributed)
03/08/2019	Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Democracy North Carolina and The People's Alliance Fund filed. (Distributed)
03/08/2019	Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Historians filed (also in 18-726). (Distributed)
03/08/2019	Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-726). (Distributed)
03/08/2019	Brief amicus curiae of Professor Michael Kang filed (also in 18-726). (Distributed)
03/08/2019	Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-726). (Distributed)
03/11/2019	Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
03/11/2019	Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-726). (Distributed)
03/15/2019	Joint motion of appellees for enlargement of time for oral argument and for divided argument GRANTED in part, and the time is divided as follows: 35 minutes for appellants, 20 minutes for appellees Common Cause, et al., and 15 minutes for appellees League of Women Voters of North Carolina, et al.
03/19/2019	Reply of appellants Robert A. Rucho, et al. filed. (Distributed)
03/26/2019	Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees Common Cause, et al.: Emmet J. Bondurant, II, Atlanta, Ga. For appellees League of Women Voters of North Carolina, et al.: Allison J. Riggs, Durham, N. C.
06/27/2019	Judgment VACATED and case REMANDED. 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. (Decided together with No. 18-726.) VIDED.
07/29/2019	JUDGMENT ISSUED.