Decided

No. 16-1161

Beverly R. Gill, et al., Appellants v. William Whitford, et al.

from the United States District Court for the Western District of Wisconsin

Docket Entries

The record from the U.S.D.C. Western District of Wisconsin has been returned.

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas and Gorsuch, JJ., joined except as to Part III. Kagan, J., filed a concurring opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined.

Argued. For appellants: Misha Tseytlin, Solicitor General, Madison, Wis.; and Erin E. Murphy, Washington, D. C. (for Wisconsin State Senate, et al., as amici curiae.) For appellees: Paul M. Smith, Washington, D. C.

Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument GRANTED.

Reply of appellants Beverly R. Gill, et al. filed. (Distributed)

Brief amici curiae of Fairvote and One Nation One Vote filed. (Distributed)

Brief amicus curiae of League of Women Voters filed. (Distributed)

Brief amicus curiae of Common Cause filed. (Distributed)

Brief amici curiae of Bipartisan Group of 65 Current and Former State Legislators filed. (Distributed)

Brief amici curiae of Current Members of Congress, et al. filed. (Distributed)

Brief amici curiae of Constitutional Law Professors filed. (Distributed)

Brief amici curiae of Represent.Us, et al. filed. (Distributed)

Brief amici curiae of California Citizens Redistricting Commission, et al. filed. (Distributed)

Brief amici curiae of Georgia State Conference of the NAACP, et al. filed. (Distributed)

Brief amicus curiae of Center for Media and Democracy filed. (Distributed)

Brief amici curiae of League of Conservation Voters, et al. filed. (Distributed)

Brief amici curiae of States of Oregon, et al. filed. (Distributed)

Brief amici curiae of Republican Statewide Officials Senators Bill Brock, et al. filed. (Distributed)

Brief amici curiae of Historians filed. (Distributed)

Brief amici curiae of Law Professors filed. (Distributed)

Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)

Brief amici curiae of Political Geography Scholars filed. (Distributed)

Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)

Brief amici curiae of Political Science Professors filed. (Distributed)

Brief amici curiae of Senators John McCain and Sheldon Whitehouse filed. (Distributed)

Brief amici curiae of Robin Best, et al. filed. (Distributed)

Brief amicus curiae of David Boyle filed. (Distributed)

Brief amici curiae of Bipartisan Group of Current and Former Members of Congress filed. (Distributed)

Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)

Brief amici curiae of Election Law and Constitutional Law Scholars filed. (Distributed)

Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)

Brief amici curiae of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)

Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)

Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)

Brief amici curiae of American Jewish Committee, et al. filed.(Distributed)

Brief amicus curiae of Eric S. Lander filed. (Distributed)

Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of Heather K. Gerken, et al. filed. (Distributed)

Brief of appellees William Whitford, et al. filed. (Distributed)

CIRCULATED.

Brief amicus curiae of Eric McGhee in support of neither party filed.

Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed. (Distributed)

Record received from the U.S.D.C. Western District of Wisconsin. ( 1 Envelope )

Brief amici curiae of American Civil Rights Union, et al. filed.

Brief amici curiae of Plaintiffs in the Maryland Redistricting Litigation, Benisek v. Lamone (formerly Shapiro v. McManus), supporting neither party filed.

Brief amicus curiae of Wisconsin Manufacturers & Commerce filed.

Brief amicus curiae of National Republican Congressional Committee filed.

Brief amicus curiae of Republican State Leadership Committee filed.

Brief amicus curiae of the Legacy Foundation filed.

Brief amicus curiae of Southeastern Legal Foundation filed.

Brief amici curiae of Wisconsin State Senate and Wisconsin State Assembly filed.

Brief amici curiae of States of Texas, et al. filed.

Brief amicus curiae of Wisconsin Institute for Law & Liberty filed.

Brief amici curiae of Majority Leader and Temporary President of the New York State Senate and members of the Majority Coalition filed.

Brief amici curiae of Tennessee State Senators filed.

Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.

Brief amicus curiae of Republican National Committee filed.

Record requested from the U.S.D.C. Western Dist. of Wisconsin.

Joint appendix filed. (2 Volumes) (Statement of costs filed)

Brief of appellant Beverly R.Gill, et al. filed.

SET FOR ARGUMENT on Tuesday, October 3, 2017.

Consent to the filing of amicus curiae briefs in support of either party, or neither party from counsel for the appellees received.

Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel for the appellants received.

The application for stay presented to Justice Kagan and by her referred to the Court is granted, and it is ordered that the judgment of the United States District Court for the Western District of Wisconsin, case No. 3:15-cv-00421, entered January 27, 2017, amended February 22, 2017, and corrected March 15, 2017, is stayed pending disposition of the appeal in this Court. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application for stay.

Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.

DISTRIBUTED for Conference of June 15, 2017.

Application (16A1149) referred to the Court.

Reply of applicant Beverly R. Gill, et al. filed.

Response to application from respondent William Whitford, et al. filed.

Motion for leave to file amici brief in support of stay filed by Wisconsin State Senate, et al.

Response to application (16A1149) requested by Justice Kagan, due Wednesday, June 7, 2017, by 11 a.m. ET.

DISTRIBUTED for Conference of June 8, 2017.

Application (16A1149) for a stay pending appeal, submitted to Justice Kagan.

Opposition to motion to affirm of appellants Beverly R. Gill, et al. filed.

Motion to affirm filed by appellees William Whitford, et al.

Brief amici curiae of The Republican National Committee, et al. filed.

Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.

Brief amici curiae of Wisconsin State Senate, et al. filed.

Brief amici curiae of The States of Texas, et al. filed.

Brief amicus curiae of The Wisconsin Institute for Law and Liberty filed.

Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the appellants filed.

Order extending time to file response to statement as to jurisdiction to and including May 15, 2017.

Appendix of Beverly R. Gill, et al. filed.

Statement as to jurisdiction filed. (Response due April 24, 2017)

Parties

William Whitford, et al., Appellant, represented by Paul March Smith

Amici Curiae

44 Election Law, Scientific Evidence, and Empirical Legal Scholars, Amicus Curiae, represented by Douglas Andrew Chin

American Civil Liberties Union, et al., Amicus Curiae, represented by Perry Maxwell Grossman

American Civil Rights Union, et al., Amicus Curiae, represented by J. Christian Adams

American Jewish Committee, et al., Amicus Curiae, represented by David Edward Leit

Bernard Grofman and Ronald Keith Gaddie in support of neither party, Amicus Curiae, represented by E. Joshua Rosenkranz

Bipartisan Group of 65 Current and Former State Legislators, Amicus Curiae, represented by Vincent Gregory Levy

Brennan Center for Justice at N.Y.U. School of Law, Amicus Curiae, represented by Anton Metlitsky

California Citizens Redistricting Commission, et al., Amicus Curiae, represented by Brian Adair Sutherland

Center for Media and Democracy, Amicus Curiae, represented by Joseph H. Yeager

Colleagues of Professor Norman Dorsen, Amicus Curiae, represented by Burt Neuborne

Common Cause, Amicus Curiae, represented by Gregory L. Diskant

Current Members of Congress, et al., Amicus Curiae, represented by Brianne Jenna Gorod

David Boyle, Amicus Curiae, represented by David Christopher Boyle

Election Law and Constitutional Law Scholars, Amicus Curiae, represented by Bradley S. Phillips

Eric McGhee in support of neither party, Amicus Curiae, represented by Daniel F Kolb

Eric S. Lander, Amicus Curiae, represented by H. Reed Witherby

Fairvote and One Nation One Vote, Amicus Curiae, represented by Justin Adatto Nelson

Georgia State Conference of the NAACP, et al., Amicus Curiae, represented by Ezra David Rosenberg

Heather K. Gerken, et al., Amicus Curiae, represented by Heather Gerken

Historians, Amicus Curiae, represented by Clifford M. Sloan

International Municipal Lawyers Association, et al., Amicus Curiae, represented by Paul A. Diller

Law Professors, Amicus Curiae, represented by Pamela Susan Karlan

League of Conservation Voters, et al., Amicus Curiae, represented by Ira M. Feinberg

League of Women Voters, Amicus Curiae, represented by Kathleen Roberta Hartnett

Majority Leader and Temporary President of the New York State Senate and members of the Majority Coalition, Amicus Curiae, represented by David L. Lewis

NAACP Legal Defense & Educational Fund, Inc., et al., Amicus Curiae, represented by Justin Michael Levitt

National Republican Congressional Committee, Amicus Curiae, represented by Jason Brett Torchinsky

Political Geography Scholars, Amicus Curiae, represented by Tacy Fletcher Flint

Political Science Professors, Amicus Curiae, represented by Robert A. Atkins

Professor D. Theodore Rave, Amicus Curiae, represented by Donald Theodore Rave

Represent.US, et al., Amicus Curiae, represented by Atara Miller

Republican National Committee, Amicus Curiae, represented by Michael T. Morley

Republican State Leadership Committee, Amicus Curiae, represented by Efrem M. Braden

Robin Best, et al., Amicus Curiae, represented by Jacqueline C. Gerrald

Senators John McCain and Sheldon Whitehouse, Amicus Curiae, represented by Mark W. Mosier Jr.

Southeastern Legal Foundation, Amicus Curiae, represented by John Joseph Park Jr.

States of Oregon, et al., Amicus Curiae, represented by Benjamin Gutman

States of Texas, et al., Amicus Curiae, represented by Scott A Keller

Tennessee State Senators, Amicus Curiae, represented by John L. Ryder

The Legacy Foundation, Amicus Curiae, represented by Thomas Josefiak

Wisconsin Institute for Law & Liberty, Amicus Curiae, represented by Douglas R. Cox

Wisconsin Manufacturers & Commerce, Amicus Curiae, represented by Eric M McLeod

Wisconsin State Senate and Wisconsin State Assembly, Amicus Curiae, represented by Erin E. Murphy

Wisconsin State Senate and Wisconsin State Assembly, Amicus Curiae, represented by Paul D. Clement

 
Last updated: November 7, 2024