Allen v. Caster
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 21-1087 | 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
- In 5-4 vote, justices reinstate Alabama voting map despite lower courts ruling that it dilutes Black votes (Amy Howe, February 8, 2022)
| Date | Proceedings and Orders |
|---|---|
| 01/28/2022 | Application (21A376) for a stay or injunctive relief pending appeal, submitted to Justice Thomas. |
| 01/28/2022 | Petition for a writ of certiorari before judgment filed. (Response due March 9, 2022) |
| 01/28/2022 | Response to application (21A376) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022. |
| 01/31/2022 | Motion 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) |
| 01/31/2022 | Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED. |
| 01/31/2022 | Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust. |
| 02/01/2022 | Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED. |
| 02/01/2022 | Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED. |
| 02/02/2022 | Response to application from respondents Marcus Caster, et al. filed. |
| 02/02/2022 | Reply of applicants John Merrill, et al. filed. |
| 02/07/2022 | Application (21A376) referred to the Court. |
| 02/07/2022 | Application (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). |
| 02/22/2022 | This 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. |
| 02/22/2022 | Because 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.” |
| 03/21/2022 | Upon 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. |
| 06/14/2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED. |
| 06/22/2022 | Record requested from the 11th Circuit. |
| 06/22/2022 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
| 07/18/2022 | Amicus 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) |
| 07/21/2022 | CIRCULATED |
| 10/04/2022 | Argued. 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. |
| 06/08/2023 | Adjudged 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. |
| 07/10/2023 | Judgment issued. |