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Allen v. Milligan

Consolidated with:

Docket No. Argument Opinion Vote Author Term
21-1086 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.

DateProceedings and Orders (key to color coding)
01/28/2022Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
01/28/2022Statement as to jurisdiction filed. (Response due March 9, 2022)
01/28/2022Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.
01/31/2022Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
01/31/2022Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee.
02/01/2022Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
02/01/2022Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
02/01/2022Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
02/02/2022Response to application from respondents Evan Milligan, et al. filed.
02/02/2022Reply of applicants John Merrill, et al. filed.
02/07/2022Application (21A375) referred to the Court.
02/07/2022Application (21A375) granted by the Court. The application is treated as a jurisdictional statement (No. 21-1086), and probable jurisdiction is noted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1530 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).
02/22/2022This case is consolidated with No. 21-1087, 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.
02/22/2022Because 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.”
03/01/2022Joint motion of the parties for an extension of time file the briefs on the merits. VIDED.
03/04/2022Motion to modify or amend the question presented filed by appellees and respondents. VIDED.
03/08/2022Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix, appellants', and petitioners' briefs on the merits is extended to and including April 25, 2022. The time to file appellees' and respondents' briefs on the merits is extended to and including July 11, 2022. VIDED.
03/08/2022Application (21A493) of appellants/petitioners for leave to file consolidated opening and reply briefs on the merits, submitted to Justice Thomas. VIDED.
03/08/2022Response of appellants and petitioners to the motion to modify or amend the question presented filed. VIDED.
03/14/2022Application (21A493) granted by Justice Thomas for leave to file consolidated opening and reply briefs on the merits provided that the opening brief does not exceed 18,000 words and the reply brief does not exceed 10,000 words. VIDED.
03/21/2022Upon 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.
03/30/2022Blanket Consent filed by Respondent, Marcus Caster, et al.
03/30/2022Blanket Consent filed by Respondent, Evan Milligan, et al.
03/31/2022Blanket Consent filed by Petitioner, John H. Merrill, Alabama Secretary of State, et al.
04/25/2022Joint appendix filed (three volumes). VIDED. (Statement of costs filed)
04/25/2022Brief of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED.
04/29/2022Brief amicus curiae of Public Interest Legal Foundation filed. VIDED.
04/29/2022Brief amici curiae of Senator John Braun, et al. filed. VIDED.
04/29/2022Brief amicus curiae of Alabama Center for Law and Liberty filed. VIDED.
05/02/2022Brief amicus curiae of American Legislative Exchange Council filed. VIDED.
05/02/2022Brief amicus curiae of Project on Fair Representation filed. VIDED.
05/02/2022Brief amicus curiae of The National Republican Redistricting Trust filed. VIDED.
05/02/2022Brief amici curiae of Citizens United, et al. filed. VIDED.
05/02/2022Brief amicus curiae of John Wahl, Chairman, Alabama State Republican Executive Committee filed. VIDED.
05/02/2022Brief amicus curiae of Singleton Plaintiffs in support of neither party filed. VIDED.
05/02/2022Brief amicus curiae of Lawyers Democracy Fund filed. VIDED.
05/02/2022Brief amicus curiae of Republican National Committee filed. VIDED.
05/02/2022Brief amici curiae of The State of Louisiana, et al filed. VIDED.
05/02/2022Brief amici curiae of United States Representatives from Alabama filed. VIDED.
05/02/2022Brief amicus curiae of America First Legal filed. VIDED.
05/02/2022Brief amicus curiae of Coastal Alabama Partnership filed. VIDED.
06/14/2022ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED.
06/22/2022Record requested from the U.S.D.C. Northern District of Birmingham, Alabama.
06/24/2022Application of Milligan, et al. (21A869) to file appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas.
06/24/2022Application (21A871) of Caster, et al. to file respondents' brief on the merits in excess of the word limit, submitted to Justice Thomas.
06/30/2022Application (21A869) for leave to file appellees brief on the merits in excess of the word limit granted by Justice Thomas.
07/01/2022Application (21A871) to file respondents' brief on the merits in excess of the word limit granted by Justice Thomas.
07/11/2022Brief of respondents Marcus Caster, et al. filed. VIDED.
07/11/2022Brief of appellees Evan Milligan, et al. filed (in 21-1086).
07/18/2022Brief amicus curiae of American Bar Association filed. VIDED.
07/18/2022Brief amici curiae of Bipartisan Group of Senators and Congressional Staff Member-Supporters of the 1982 Voting Rights Act Amendments and 2006 Voting Rights Act Reauthorization filed. VIDED.
07/18/2022Brief amici curiae of Alabama Historians filed. VIDED.
07/18/2022Brief amici curiae of Professors Jowei Chen, Christopher S. Elmendorf, Nicholas O. Stephanopoulos, and Christopher S. Warshaw filed. VIDED.
07/18/2022Brief amicus curiae of Campaign Legal Center filed. VIDED.
07/18/2022Brief amicus curiae of The Brennan Center for Justice filed. VIDED.
07/18/2022Brief amici curiae of Computational Redistricting Experts filed. VIDED.
07/18/2022Brief amici curiae of Republican Former Governors filed. VIDED.
07/18/2022Brief amicus curiae of Professor Travis Crum filed. VIDED.
07/18/2022Brief amici curiae of Representative Terri Sewell, et al. filed. VIDED.
07/18/2022Brief amici curiae of Local Governments filed. VIDED.
07/18/2022Brief amici curiae of District of Columbia, et al. filed. VIDED.
07/18/2022Brief amicus curiae of United States filed. VIDED.
07/18/2022Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
07/18/2022Brief amici curiae of Voting Rights Practitioners filed. VIDED.
07/18/2022Brief amici curiae of U.W. Clemon, Fred D. Gray, Henry Sanders, the Alabama Legislative Black Caucus, and Social Science Professors filed. VIDED.
07/18/2022Brief amici curiae of UCLA Social Scientists filed. VIDED.
07/18/2022Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.
07/18/2022Brief amicus curiae of National Congress of American Indians filed. VIDED.
07/18/2022Brief amici curiae of The Central Alabama Fair Housing Center, et al. filed. VIDED. (Distributed)
07/18/2022Motion for divided argument filed by appellees and respondents. VIDED.
07/18/2022Motion 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. VIDED.
07/18/2022Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Distributed)
07/18/2022Brief amici curiae of Press Robinson, et al. filed. (Distributed)
07/21/2022CIRCULATED
07/22/2022Application (22A82) to extend the time to file appellants/petitioners consolidated reply brief on the merits from August 10, 2022 to August 24, 2022, submitted to Justice Thomas. VIDED.
07/29/2022Application (22A82) granted by Justice Thomas extending the time to file appellants'/petitioners' consolidated reply brief on the merits until August 24, 2022. VIDED.
08/22/2022Motion for divided argument filed by appellees and respondents GRANTED. VIDED.
08/22/2022Motion 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. VIDED.
08/24/2022Reply of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. (Distributed)
10/04/2022Argued. 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.
01/26/2023Notification regarding substitution of party pursuant to S. Ct. R. 35.3 filed. VIDED.
06/08/2023Adjudged 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.
06/12/2023The stays heretofore entered by the Court on February 7, 2022, are vacated. See Allen v. Milligan, 599 U. S. ___ (2023). VIDED.
07/10/2023Judgment issued.