Moore v. Harper

Docket No.	Argument	Opinion	Vote	Author	Term
21-1271	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

Supreme Court rules against North Carolina Republicans over election law theory (Amy Howe, June 27, 2023)
In new filings, lawyers disagree over whether court should decide major election case (Amy Howe, May 12, 2023)
Justices call for further briefing in major election law case (Amy Howe, May 4, 2023)
Parties disagree over courts power to reach decision in election law case (Amy Howe, March 21, 2023)
Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute (Amy Howe, March 3, 2023)
Court seems unwilling to embrace broad version of independent state legislature theory (Amy Howe, December 7, 2022)
In high-stakes election case, justices will decide validity of independent state legislature theory (Amy Howe, December 6, 2022)
The 800-pound gorilla (SCOTUStalk, December 5, 2022)
December argument session will feature divisive cases on election law, First Amendment (Amy Howe, October 18, 2022)
Justices will hear case that tests power of state legislatures to set rules for federal elections (Amy Howe, June 30, 2022)
Clean-up conference prompts three new grants, lots of separate writings (Amy Howe, June 30, 2022)
The (likely) last grants of October Term 2021 (John Elwood, June 29, 2022)
The independent state legislature theory and more on jurisdiction (John Elwood, June 23, 2022)
The independent-state-legislature theory for congressional maps and liability for cities under the ADA (Andrew Hamm, April 8, 2022)
Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania (Amy Howe, March 8, 2022)

Date	Proceedings and Orders (key to color coding)
02/25/2022	Application (21A455) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
02/25/2022	Response to application (21A455) requested by The Chief Justice, due by 5 p.m. on Wednesday, March 2, 2022.
02/25/2022	Letter dated February 25, 2022 from counsel for applicants filed.
03/02/2022	Response to application from State Respondents filed.
03/02/2022	Response to application from respondents Rebecca Harper, et al. filed.
03/02/2022	Response to application from respondent Common Cause filed.
03/02/2022	Response to application from respondents North Carolina League of Conservation Voters, Inc., et al. filed.
03/02/2022	Motion for Leave to File Brief of Amicus Curiae filed by National Republican Redistricting Trust.
03/02/2022	Motion for Leave to File Brief of Amici Curiae filed by Republican National Committee, NRCC, North Carolina Republican Party.
03/03/2022	Reply of applicants Timothy Moore, et al. filed.
03/07/2022	Application (21A455) referred to the Court.
03/07/2022	Application (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).
03/17/2022	Petition for a writ of certiorari filed. (Response due April 20, 2022)
04/08/2022	Motion to extend the time to file a response from April 20, 2022 to June 20, 2022, submitted to The Clerk.
04/11/2022	Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2022.
04/20/2022	Brief amicus curiae of National Republican Redistricting Trust filed.
05/20/2022	Brief of respondents North Carolina League of Conservation Voters, Inc., et al. in opposition filed.
05/20/2022	Brief of respondents State Respondents in opposition filed.
05/20/2022	Brief of respondent Common Cause in opposition filed.
05/20/2022	Brief of respondents Rebecca Harper, et al. in opposition filed.
05/27/2022	Reply of petitioners Timothy Moore, et al. filed. (Distributed)
05/31/2022	DISTRIBUTED for Conference of 6/16/2022.
06/21/2022	DISTRIBUTED for Conference of 6/23/2022.
06/29/2022	DISTRIBUTED for Conference of 6/29/2022.
06/30/2022	Petition GRANTED.
07/19/2022	Motion for an extension of time to file the briefs on the merits filed.
07/22/2022	Motion 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.
07/25/2022	Blanket Consent filed by Respondent, Common Cause
07/26/2022	Blanket Consent filed by Respondent, State Respondents
08/04/2022	Blanket Consent filed by Respondent, North Carolina League of Conservation Voters, Inc.
08/09/2022	Blanket Consent filed by Respondent, Rebecca Harper, et al.
08/29/2022	Motion to dispense with printing the joint appendix filed by petitioners Timothy Moore, et al.
08/29/2022	Brief of petitioners Timothy Moore, et al. filed.
08/31/2022	Amicus 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)
08/31/2022	Brief amici curiae of White House Watch, a project of United States Public Policy Council, et al. filed.(File Date Corrected.)
09/02/2022	Brief amicus curiae of Restoring Integrity and Trust in Elections, Inc. filed.
09/02/2022	Brief amici curiae of Senator Kim Ward, et al. filed.
09/02/2022	Brief amici curiae of Wisconsin Voter Alliance, et al. in support of neither party filed.
09/02/2022	Brief amicus curiae of Hon. John R. Ashcroft filed.
09/06/2022	Brief amicus curiae of Taxpayers For Honest Elections filed.
09/06/2022	Brief amicus curiae of Public Interest Legal Foundation filed.
09/06/2022	Brief amicus curiae of The Claremont Institute's Center for Constitutional Jurisprudence filed.
09/06/2022	Brief amicus curiae of The American Legislative Exchange Council filed.
09/06/2022	Brief amicus curiae of APA Watch filed.
09/06/2022	Brief amicus curiae of National Republican Redistricting Trust filed.
09/06/2022	Brief amici curiae of Republican National Committee, et al. filed.
09/06/2022	Brief amicus curiae of America First Legal Foundation filed.
09/06/2022	Brief amicus curiae of Conference of Chief Justices in support of neither party filed.
09/06/2022	Brief amici curiae of Group of New York Voters in support of neither party filed.
09/06/2022	Brief amici curiae of Lawyers Democracy Fund and State Legislators filed.
09/06/2022	Brief amici curiae of Citizens United, et al. filed.
09/06/2022	Brief amicus curiae of Honest Elections Project filed.
09/06/2022	Brief amicus curiae of America's Future, Inc. filed.
09/06/2022	Brief amici curiae of Arkansas, et al. filed.
09/06/2022	Brief amicus curiae of Arizona Independent Redistricting Commission in support of neither party filed.
09/07/2022	Blanket Consent filed by Petitioner, Timothy Moore, et al.
09/30/2022	Application (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.
10/03/2022	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
10/07/2022	Application (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..
10/18/2022	SET FOR ARGUMENT on Wednesday, December 7, 2022.
10/19/2022	Brief of state respondents filed.
10/19/2022	Consolidated brief of non-state respondents filed.
10/20/2022	Brief amici curiae of Thomas Griffith, et al. filed.
10/24/2022	Brief amicus curiae of Stephen M. Shapiro filed.
10/24/2022	Brief amicus curiae of Michael L. Rosin filed.
10/24/2022	Brief amici curiae of Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi filed.
10/25/2022	Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)
10/25/2022	Brief amicus curiae of Richard L. Hasen filed. (Distributed)
10/25/2022	Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)
10/25/2022	Brief amici curiae of Charles Plambeck and Joni Walser filed. (Distributed)
10/25/2022	Brief amici curiae of Local Government Law Professors filed. (Distributed)
10/25/2022	CIRCULATED.
10/26/2022	Brief amici curiae of Bipartisan Current and Former Election Officials Donetta Davidson, et al. filed. (Distributed)
10/26/2022	Brief amici curiae of Law Forward, et al. filed. (Distributed)
10/26/2022	Amicus brief of U.S. Senator Amy Klobuchar, et al. not accepted for filing. (October 27, 2022 - corrected brief to be submitted)
10/26/2022	Brief amici curiae of Senator Amy Klobuchar, et al. filed. (Distributed)
10/26/2022	Brief amici curiae of Scholars of the Founding Era filed. (Distributed)
10/26/2022	Brief amici curiae of District of Columbia, Illinois, et al. filed. (Distributed)
10/26/2022	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
10/26/2022	Brief amicus curiae of FairDistricts Now filed. (Distributed)
10/26/2022	Brief amicus curiae of Gov. Arnold Schwarzenegger filed. (Distributed)
10/26/2022	Brief amicus curiae of Professor Derek T. Muller filed. (Distributed)
10/26/2022	Brief amici curiae of Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania filed. (Distributed)
10/26/2022	Brief amicus curiae of American Bar Association filed. (Distributed)
10/26/2022	Brief amici curiae of Scholars of State Constitutional Law filed. (Distributed)
10/26/2022	Brief amicus curiae of Professor Evan Bernick filed. (Distributed)
10/26/2022	Brief amicus curiae of Benjamin L. Ginsberg filed. (Distributed)
10/26/2022	Brief amicus curiae of Women4Change Indiana, Inc. filed. (Distributed)
10/26/2022	Brief 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)
10/26/2022	Brief amici curiae of Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji filed. (Distributed)
10/26/2022	Brief amici curiae of Former Republican Elected and Executive Branch Officials filed. (Distributed)
10/26/2022	Brief amici curiae of The Anti-Defamation League, et al. filed. (Distributed)
10/26/2022	Brief 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)
10/26/2022	Brief amicus curiae of William M. Treanor filed. (Distributed)
10/26/2022	Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. (Distributed)
10/26/2022	Brief amici curiae of State Constitutional Historians Lawrence Friedman and Robert F. Williams filed. (Distributed)
10/26/2022	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
10/26/2022	Brief amici curiae of The Making Every Vote Count Foundation and The Leadership Now Foundation filed. (Distributed)
10/26/2022	Brief amicus curiae of Lawyers Defending American Democracy filed. (Distributed)
10/26/2022	Brief amici curiae of North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II filed. (Distributed)
10/26/2022	Brief amicus curiae of United States filed. (Distributed)
10/26/2022	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
10/26/2022	Motion for divided argument and for enlargement of time for oral argument filed by the respondents.
10/26/2022	Motion 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.
10/26/2022	Brief amicus curiae of Human Rights Watch filed. (Distributed)
10/26/2022	Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces filed. (Distributed)
10/26/2022	Brief amici curiae of Boston University Center for Antiracist Research and Professor Atiba R. Ellis filed. (Distributed)
10/26/2022	Brief amicus curiae of Public Citizen filed. (Distributed)
10/26/2022	Brief amici curiae of Democracy and Race Scholars filed. (Distributed)
10/26/2022	Brief amici curiae of The Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
10/26/2022	Brief amici curiae of Current and Former Election Administrators filed. (Distributed)
10/26/2022	Brief amici curiae of Secretaries of State of Colorado, et al. filed. (Distributed)
10/26/2022	Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)
10/26/2022	Amicus brief of U.S. Senator Sheldon Whitehouse and Representative Henry “Hank” Johnson, Jr. not accepted for filing. (Corrected brief and file to be submitted.)
10/26/2022	Brief amici curiae of U.S. Senator Sheldon Whitehouse, et al. filed. (12/06/2022) (Distributed)
10/27/2022	Application (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.
10/28/2022	Record requested from the Supreme Court of North Carolina.
11/01/2022	Record received from the Supreme Court of North Carolina. The record is electronically filed.
11/03/2022	Application (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.
11/07/2022	Motion for divided argument filed by respondents GRANTED.
11/07/2022	Motion 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.
11/18/2022	Reply of petitioners Timothy Moore, et al. filed. (Distributed)
12/07/2022	Argued. 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.
12/21/2022	Letter 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)
03/02/2023	The 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.
03/20/2023	Supplemental letter brief of petitioners filed. (Distributed)
03/20/2023	Supplemental letter brief of respondent Common Cause filed. (Distributed)
03/20/2023	Supplemental letter brief of state respondents filed. (Distributed)
03/20/2023	Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
03/20/2023	Supplemental letter brief of respondent North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
03/20/2023	Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
05/03/2023	Letter 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)
05/04/2023	The 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.
05/11/2023	Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
05/11/2023	Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
05/11/2023	Supplemental letter brief of petitioners filed. (Distributed)
05/11/2023	Supplemental letter brief of respondent Common Cause filed. (Distributed)
05/11/2023	Supplemental letter brief of respondents State Respondents filed. (Distributed)
05/11/2023	Supplemental letter brief of North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
06/27/2023	Adjudged 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.
07/31/2023	Judgment and mandate issued.