Decided

No. 18-422

Robert A. Rucho, et al., Appellants v. Common Cause, et al.

from the United States District Court for the Middle District of North Carolina

Docket Entries

JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. (Decided together with No. 18-726.) VIDED.

Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees Common Cause, et al.: Emmet J. Bondurant, II, Atlanta, Ga. For appellees League of Women Voters of North Carolina, et al.: Allison J. Riggs, Durham, N. C.

Reply of appellants Robert A. Rucho, et al. filed. (Distributed)

Joint motion of appellees for enlargement of time for oral argument and for divided argument GRANTED in part, and the time is divided as follows: 35 minutes for appellants, 20 minutes for appellees Common Cause, et al., and 15 minutes for appellees League of Women Voters of North Carolina, et al.

Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).

Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-726). (Distributed)

Brief amici curiae of Professors Christopher S. Elmendorf, et al. filed. (Distributed)

Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-726). (Distributed)

Brief amici curiae of Political Science Professors filed (also in18-726). (Distributed)

Brief amicus curiae of Professor Michael Kang filed (also in 18-726). (Distributed)

Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-726). (Distributed)

Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-726). (Distributed)

Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-726). (Distributed)

Brief amici curiae of Historians filed (also in 18-726). (Distributed)

Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-726). (Distributed)

Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-726). (Distributed)

Brief amici curiae of Democracy North Carolina and The People's Alliance Fund filed. (Distributed)

Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-726). (Distributed)

Brief amicus curiae of the American Jewish Committee filed (also in 18-726). (Distributed)

Brief amici curiae of 27 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)

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

Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. (also in 18-726) (Distributed)

Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-726). (Distributed)

Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-726). (Distributed)

Brief amici curiae of Professors Wesley Pegden, et al. filed. (Distributed)

Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)

Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-726). (Distributed)

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

Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)

Brief amicus curiae of First Amendment Clinic Duke Law School filed. (Distributed)

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

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

Brief of appellees League of Women Voters of North Carolina, et al. filed. (Reprinted version submitted)

Brief of appellees Common Cause, et al. filed. (Distributed)

Brief of appellees League of Women Voters of North Carolina, et al. filed. (March 5, 2019) (Distributed)

Record requested from the U.S.D.C. Middle Dist. of North Carolina.

Record from the U.S.C.A 4th Circuit is electronic and located on PACER.

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

CIRCULATED

Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)

Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)

Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed. (Distributed)

Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)

Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)

Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)

Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)

Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)

Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)

Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)

Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).

Brief of appellants Robert A. Rucho, et al. filed.

Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.

Blanket Consent filed by Respondents, Common Cause, et al..

Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.

Blanket Consent filed by Petitioners, Robert A. Rucho, et al..

SET FOR ARGUMENT on Tuesday, March 26, 2019

Appellants' briefs on the merits are to be filed on or before Friday, February 8, 2019. Appellees' briefs on the merits are to be filed on or before Monday, March 4, 2019. Reply briefs on the merits are to be filed in accordance with Rule 25.3 of the Rules of this Court. Amicus curiae briefs in support of appellants or in support of neither party are to be filed on or before Tuesday, February 12, 2019. Amicus curiae briefs in support of appellees are to be filed on or before Friday, March 8, 2019.

Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session.

DISTRIBUTED for Conference of 1/4/2019.

DISTRIBUTED for Conference of 12/7/2018.

Supplemental brief of appellees Common Cause, et al. filed.

Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..

Motion to affirm filed by appellees Common Cause, et al.

Brief amicus curiae of Philip P. Kalodner filed.

Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.

Blanket Consent filed by Petitioners, Robert A. Rucho, et al..

Blanket Consent filed by Respondents, Common Cause, et al..

Statement as to jurisdiction filed. (Response due November 2, 2018)

Parties

Common Cause, et al., Appellant, represented by Emmet J Bondurant II

League of Women Voters of North Carolina, et al., Appellant, represented by Allison J. Riggs

League of Women Voters of North Carolina, et al., Appellant, represented by Paul March Smith

Robert A. Rucho, et al., Appellant, represented by Paul D. Clement

Amici Curiae

American Civil Rights Union and Southeastern Legal Foundation, Amicus Curiae, represented by John Joseph Park Jr.

Anti-Defamation League, et al., Amicus Curiae, represented by David Edward Leit

Bernard Grofman and Ronald Keith Gaddie, Amicus Curiae, represented by E. Joshua Rosenkranz

Bipartisan Group of Current and Former Members of the House of Representatives, Amicus Curiae, represented by Seth P. Waxman

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

BRIEF OF COLLEAGUES OF PROFESSOR NORMAN DORSEN, Amicus Curiae, represented by Burt Neuborne

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

David Orentlicher, Amicus Curiae, represented by David Orentlicher

Democracy North Carolina and The People's Alliance Fund, Amicus Curiae, represented by Jonathan K. Youngwood

ELECTION LAW, SCIENTIFIC EVIDENCE, AND EMPIRICAL LEGAL SCHOLARS, Amicus Curiae, represented by Douglas Andrew Chin

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

FIRST AMENDMENT AND ELECTION LAW SCHOLARS, Amicus Curiae, represented by Bradley S. Phillips

First Amendment Clinic Duke Law School, Amicus Curiae, represented by H. Jefferson Powell

Floyd Abrams Institute for Freedom of Expression, Amicus Curiae, represented by Floyd Abrams

GOVERNORS ARNOLD SCHWARZENEGGER AND LAWRENCE JOSEPH HOGAN JR., Amicus Curiae, represented by David Abba Schwarz

Historians, Amicus Curiae, represented by Richard Wayland Clary

Honorable Carl Isset, Amicus Curiae, represented by Joseph M. Nixon

International Municipal Lawyers Association, et al., Amicus Curiae, represented by Gary Michael Parsons Jr.

Judicial Watch, Inc. and AEF, Amicus Curiae, represented by Robert D. Popper

Lawyers' Committee for Civil Rights Under Law, Amicus Curiae, represented by Jonathan M. Greenbaum

Mathematicians, Law Professors, and Students, Amicus Curiae, represented by Deepak Gupta

Members of Congress from the North Carolina Delegation, Amicus Curiae, represented by Misha Tseytlin

NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC, Amicus Curiae, represented by Justin Michael Levitt

Philip P Kalodner, Amicus Curiae, represented by Philip P. Kalodner

Political Science Professors Allison P. Harris, et al., Amicus Curiae, represented by Brian Adair Sutherland

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

Professor Michael Kang, Amicus Curiae, represented by James Paul Rouhandeh

Professors Christopher S. Elmendorf, Joseph Fishkin, Bertrall Ross, Douglas Spencer, and Franita Tolson, Amicus Curiae, represented by Mark Alexander Packman

Professors Wesley Pegden, Jonathan Rodden, and Samuel S.-H. Wang, Amicus Curiae, represented by Tacy Fletcher Flint

Public Interest Legal Foundation, Amicus Curiae, represented by Kaylan Lytle Phillips

Senator Sheldon Whitehouse, Amicus Curiae, represented by Mark W. Mosier

Speaker Michael C. Turzai, Amicus Curiae, represented by Efrem M. Braden

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

Stephen M. Shapiro, Amicus Curiae, represented by Michael Robert Geroe

THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, ACLU OF NORTH CAROLINA, AND ACLU OF MARYLAND,, Amicus Curiae, represented by Adriel I. Cepeda Derieux

THE AMERICAN JEWISH COMMITTEE, Amicus Curiae, represented by Richard A. Rosen

The National Republican Redistricting Trust, Amicus Curiae, represented by Edward Dean Greim

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

The Wisconsin State Senate and Wisconsin State Assembly, Amicus Curiae, represented by Adam Karl Mortara

 
Last updated: March 19, 2024