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Evenwel v. Abbott

Docket No. Op. Below Argument Opinion Vote Author Term
14-940 W.D. Tex. Dec 8, 2015 Apr 4, 2016 8-0 Ginsburg OT 2015

Holding: As constitutional history, precedent, and practice demonstrate, a state or locality may draw its legislative districts based on total population.

Judgment: Affirmed, 8-0, in an opinion by Justice Ginsburg on April 4, 2016. Justice Thomas filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Thomas joined except as to Part III-B.

DateProceedings and Orders (key to color coding)
02/02/2015Statement as to jurisdiction filed. (Response due March 6, 2015)
02/02/2015Supplemental Appendix of Sue Evenwel, et al., Appellants filed.
02/17/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Sue Evenwel, and Edward Pfenninger.
02/20/2015Order extending time to file response to jurisdictional statement to and including April 6, 2015.
02/27/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents
03/02/2015Brief amicus curiae of American Civil Rights Union filed.
03/05/2015Brief amici curiae of Cato Institute, et al. filed.
03/06/2015Brief amici curiae of Tennessee State Legislators and The Judicial Education Project filed.
03/06/2015Brief amicus curiae of Mountain States Legal Foundation filed.
03/06/2015Brief amicus curiae of Southeastern Legal Foundation filed.
03/06/2015Brief amici curiae of Judicial Watch, Inc., et al. filed.
04/06/2015Motion to dismiss or affirm filed by appellees Greg Abbott, Governor of Texas, et al.
04/20/2015Reply of appellants Sue Evenwel, et al., Appellants filed. (Distributed)
04/21/2015DISTRIBUTED for Conference of May 14, 2015.
05/18/2015DISTRIBUTED for Conference of May 21, 2015.
05/26/2015PROBABLE JURISDICTION NOTED.
06/05/2015The time to file the joint appendix and appellants' brief on the merits is extended to and including July 31, 2015.
06/05/2015The time to file appellees' brief on the merits is extended to and including September 18, 2015.
06/09/2015Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellees.
06/10/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from appellants Sue Evenwel and Edward Pfenninger.
06/29/2015Motion to dispense with printing the joint appendix filed by appellants Sue Evenwel, et al.
07/31/2015Brief of appellants Sue Evenwel, et al. filed.
08/05/2015Brief amicus curiae of American Civil Rights Union filed.
08/07/2015Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
08/07/2015Brief amicus curiae of Project 21 filed.
08/07/2015Brief amicus curiae of Tennessee State Legislators and The Judicial Education Project filed.
08/07/2015Brief amici curiae of Cato Institute and Reason Foundation filed.
08/07/2015Brief amicus curiae of Mountain States Legal Foundation filed.
08/07/2015Brief amici curiae of Demographers Peter A. Morrison, et al. filed.
08/07/2015Brief amicus curiae of Center for Constitutional Jurisprudence filed.
08/07/2015Brief amicus curiae of Immigration Reform Law Institute filed.
08/07/2015Brief amici curiae of Judicial Watch, Inc., et al. filed.
08/07/2015Brief amicus curiae of Yakima, Washington filed.
09/14/2015Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
09/18/2015Brief of appellees Greg Abbott, Governor of Texas, et al. filed.
09/24/2015Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed.
09/24/2015Brief amicus curiae of Common Cause filed.
09/24/2015Brief amici curiae of Texas Senate Hispanic Caucus, et al. filed.
09/25/2015Brief amicus curiae of the United States filed.
09/25/2015Brief amicus curiae of Democratic National Committee filed.
09/25/2015Brief amici curiae of Former Directors of the U.S. Census Bureau filed.
09/25/2015Brief amicus curiae of The Brennan Center for Justice at N.Y.U. School of Law filed.
09/25/2015Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
09/25/2015Brief amicus curiae of Constitutional Accountability Center filed.
09/25/2015Brief amici curiae of Texas Senators filed.
09/25/2015Brief amicus curiae of Carl E. Heastie in His Official Capacity as Speaker of the New York State Assembly filed.
09/25/2015Brief amici curiae of Direct Action for Rights and Equality (DARE), et al. filed.
09/25/2015Brief amicus curiae of The City of New York filed.
09/25/2015Brief amici curiae of Hispanic National Bar Association, et al. filed.
09/25/2015Brief amici curiae of Children's Defense Fund, et al. filed.
09/25/2015Brief amici curiae of Hawaii Reapportionment Case Plaintiffs (David P. Brostrom, Andrew Walden) filed.
09/25/2015Brief amici curiae of New York, et al. filed.
09/25/2015Brief amici curiae of City of Los Angeles, et al. filed.
09/25/2015Brief amicus curiae of Harris County, Texas filed.
09/25/2015Brief amici curiae of Nathaniel Persily, et al. filed.
09/25/2015Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed.
09/25/2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/25/2015Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed.
10/09/2015SET FOR ARGUMENT on Tuesday, December 8, 2015
10/19/2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/19/2015Reply of appellants Sue Evenwel, et al. filed.
10/19/2015Record requested from the U.S.D.C. Western District of Texas.
10/23/2015Record received from the U.S.D.C. Western District of Texas is electronic.
10/27/2015CIRCULATED
12/08/2015Argued. For appellants: William S. Consovoy, Arlington, Va. For appellees: Scott A. Keller, Solicitor General, Austin, Tex.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
04/04/2016Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined except as to Part III-B.
05/06/2016JUDGMENT ISSUED