Decided

No. 19-1257

Mark Brnovich, Attorney General of Arizona, et al. v. Democratic National Committee, et al.

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Thomas, J., joined. Kagan, J., filed a dissenting opinion, in which Breyer and Sotomayor, JJ., joined. VIDED.

Argued. For petitioners in 19-1258: Michael A. Carvin, Washington, D. C. For petitioners in 19-1257: Mark Brnovich, Attorney General, Phoenix, Ariz. For respondent Secretary Hobbs: Jessica R. Amunson, Washington, D. C. For respondents DNC, et al.: Bruce V. Spiva, Washington, D. C. VIDED.

USDC, D. Ariz. plaintiffs' exhibits electronically received. VIDED.

USDC, D. of Ariz., defendants' exhibits electronically received. VIDED.

Letter from the Acting Solicitor General notifying the Court of the updated position of the United States' from that presented in its amicus curiae brief filed on December 7, 2020 filed. VIDED. (Distributed)

Reply of petitioners Mark Brnovich, et al. filed. VIDED. (Distributed)

Reply of petitioners Arizona Republican Party, et al. filed. VIDED. (Distributed)

Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.

Motion for divided argument filed by petitioners GRANTED. VIDED.

Record requested from the U.S.C.A. 9th Circuit.

Motion for divided argument filed by respondents GRANTED. VIDED.

CIRCULATED

Brief amici curiae of Empirical Elections Scholars filed. VIDED. (Distributed)

Brief amici curiae of Senate Staffers and Other Leading Participants in the 1982 Amendments to the Voting Rights Act filed. VIDED. (Distributed)

Brief amici curiae of National Association for the Advancement of Colored People and Lawyers’ Committee for Civil Rights Under Law filed. VIDED. (Distributed)

Brief amici curiae of North Carolina, Memphis, Central Virginia, and Miami-Dade Chapters of the A. Philip Randolf Institute filed. VIDED. (Distributed)

Brief amici curiae of District of Columbia, et al., filed. VIDED. (Distributed)

Brief amicus curiae of Campaign Legal Center filed. VIDED. (Distributed)

Brief amici curiae of Voting Rights Scholars filed. VIDED. (Distributed)

Brief amicus curiae of Professor Travis Crum filed. VIDED. (Distributed)

Brief amici curiae of Mi Familia Vota, et al. filed. VIDED. (Distributed)

Brief amici curiae of Fair Fight Action, Inc., et al. filed. VIDED. (Distributed)

Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)

Brief amici curiae of Casper Sleep Inc., et al. filed. VIDED. (Distributed)

Brief amicus curiae of National Congress of American Indians filed. VIDED. (Distributed)

Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. VIDED. (Distributed)

Brief amici curiae of The American Civil Liberties Union and The American Civil Liberties Union of Arizona filed. VIDED. (Distributed)

Motion for divided argument filed by respondents. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)

Brief amicus curiae of Navajo Nation filed. VIDED. (Distributed)

Brief amici curiae of State And Local Election Officials filed. VIDED. (Distributed)

Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed)

Brief of respondent Katie Hobbs, Arizona Secretary of State filed. VIDED. (Distributed)

Brief of respondents Democratic National Committee, et al. filed. VIDED (Distributed)

Motion for divided argument filed by petitioners. VIDED.

SET FOR ARGUMENT on Tuesday, March 2, 2021. VIDED.

Brief amicus curiae of Helen Purcell in Support of Petitioners filed. VIDED.

Brief amicus curiae of Governor Kristi Noem filed. VIDED.

Brief amici curiae of Wisconsin Majority Leader Scott Fitzgerald and Speaker Robin Vos filed. VIDED

Brief amici curiae of Senator Ted Cruz and Ten Other Members of the United States Senate filed. VIDED.

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

Brief amici curiae of Legislators Elijah Haahr, et al. in support of neither party filed. VIDED.

Brief amici curiae of Governor Douglas A. Ducey, President of the Arizona State Senate Karen Fann, and Speaker of the Arizona House of Representatives Russell Bowers filed. VIDED.

Brief amicus curiae of Republican Governors Public Policy Committee filed. VIDED.

Brief amicus curiae of Honest Elections Project filed. VIDED.

Brief amicus curiae of Professor Nicholas Stephanopoulos in support of neither party filed. VIDED.

Brief amicus curiae of Liberty Justice Center filed. VIDED.

Brief amicus curiae of American Constitutional Rights Union filed. VIDED

Brief amicus curiae of United States filed. VIDED.

Brief amici curiae of States of Ohio, Alabama, et al. filed. VIDED.

Brief amici curiae of Public Interest Legal Foundation, et al. filed.

Brief amicus curiae of The Cato Institute supporting neither party filed. VIDED.

Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.

Brief amici curiae of Election Integrity Project California, et al. filed. VIDED.

Joint appendix filed. (Statement of cost filed). VIDED.

Brief of Private Petitioners filed. VIDED.

Brief of State Petitioners filed. VIDED.

Motion for an extension of time to file the briefs on the merits filed. VIDED.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including November 30, 2020. The time to file respondents' briefs on the merits is extended to and including January 13, 2021. VIDED.

Blanket Consent filed by Respondent, Democratic National Committee, et al. VIDED.

Blanket Consent filed by Respondent, Katie Hobbs, Arizona Secretary of State. VIDED.

Blanket Consent filed by Petitioner, Arizona Republican Party, et al.

Blanket Consent filed by Petitioner, Mark Brnovich, et al.

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. 19-1257. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1257. 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.”

Petition GRANTED. The petition for a writ of certiorari in No. 19-1258 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 9/29/2020.

Reply of petitioner Mark Brnovich, et al. filed. (Distributed)

Motion to delay distribution of the petition for a writ certiorari until July 29, 2020, granted.

Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from July 15, 2020 to July 29, 2020, submitted to The Clerk.

Brief of respondents Democratic National Committee, et al. in opposition filed. VIDED.

Brief of respondent Katie Hobbs, Arizona Secretary of State in opposition filed. VIDED.

Brief amici curiae of United States Senators Ted Cruz, Marsha Blackburn, John Cornyn, Tom Cotton, James M. Inhofe, James Lankford, And Mike Lee filed. VIDED.

Brief amici curiae of Governor Douglas A. Ducey, et al. filed. VIDED.

Brief amici curiae of Public Interest Legal Foundation et al. filed.

Brief amicus curiae of Maricopa County filed.

Brief amicus curiae of Honest Elections Project filed.

Brief amici curiae of Elijah Haahr, et al. filed. VIDED.

Brief amici curiae of Kentucky Secretary of State Michael Adams, et al. filed.

Brief amicus curiae of American Constitutional Union filed.

Brief amici curiae of Pacific Legal Foundation, Center for Equal Opportunity, and Project 21 filed.

Brief amicus curiae of Helen Purcell filed.

Brief amici curiae of Election Integrity Project California and Arizona filed.

Brief amicus curiae of Republican State Leadership Committee filed.

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

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

Motion of respondent Katie Hobbs, Arizona Secretary of State to extend the time to file a response from June 1, 2020 to July 1, 2020, submitted to The Clerk.

Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2020, for all respondents.

Blanket Consent filed by Petitioner, Mark Brnovich, et al.

Petition for a writ of certiorari filed. (Response due June 1, 2020)

Parties

Arizona Republican Party, et al., Petitioner, represented by Michael A. Carvin

United States, Petitioner, represented by Elizabeth B. Prelogar

Democratic National Committee, et al., Respondent, represented by Bruce V. Spiva

Democratic National Committee, et al., Respondent, represented by Marc Erik Elias

Katie Hobbs, Arizona Secretary of State, Respondent, represented by Jessica Ring Amunson

Amici Curiae

American Constitutional Rights Union, Amicus Curiae, represented by John Joseph Park Jr.

American Constitutional Union, Amicus Curiae, represented by John Joseph Park Jr.

Brennan Center for Justice at NYU School of Law, Amicus Curiae, represented by Antony L. Ryan

Campaign Legal Center, Amicus Curiae, represented by Paul March Smith

Casper Sleep Inc. With Over 250 Business Leaders, Amicus Curiae, represented by Nathaniel Bruce Edmonds

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

District of Columbia, et al.,, Amicus Curiae, represented by Loren L. AliKhan

Election Integrity Project California, et al.,, Amicus Curiae, represented by Michael James O'Neill

Elijah Haahr, Paul Gazelka, David Ralston, Ron Ryckman, Brady Brammer, and Matt Simpson, Amicus Curiae, represented by Bobby Burchfield

Empirical Elections Scholars, Amicus Curiae, represented by Maxwell Vaughn Pritt

Fair Fight Action, Inc. and Arizona Voter Empowerment Task Force, Amicus Curiae, represented by W. Scott Bales

Governor Douglas A. Ducey, President of the Arizona State Senate Karen Fann, and Speaker of the Arizona House of Representatives Russell Bowers, Amicus Curiae, represented by Dominic Emil Draye

Governor Kristi Noem, Amicus Curiae, represented by Gene Clayton Schaerr

Helen Purcell in Support of Petitioners, Amicus Curiae, represented by David James Cantelme

Honest Elections Project, Amicus Curiae, represented by Jonathan Philip Lienhard

Honest Elections Project, Amicus Curiae, represented by Jeffrey Matthew Harris

Judicial Watch, Inc. and Allied Educational Foundation, Amicus Curiae, represented by H. Christopher Coates

Kentucky Secretary of State Michael Adams, Louisiana Secretary of State R. Kyle Ardoin, and Missouri Secretary of State John R. Ashcroft, Amicus Curiae, represented by Brett Robert Nolan

Legislators Elijah Haahr, et al., Amicus Curiae, represented by Frederick Richard Yarger

Liberty Justice Center, Amicus Curiae, represented by Daniel Robert Suhr

Maricopa County, Amicus Curiae, represented by Thomas Purcell Liddy

Mi Familia Vota, Arizona Center For Empowerment, Chispa Arizona, League of Women Voters of Arizona, Amicus Curiae, represented by Jason A. Leckerman

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Leah Camille Aden

National Association for the Advancement of Colored People and Lawyers’ Committee for Civil Rights Under Law, Amicus Curiae, represented by Kathleen Roberta Hartnett

National Congress of American Indians, Amicus Curiae, represented by Jacqueline Diana De Leon

Navajo Nation in Support of Respondent, Amicus Curiae, represented by Judith M. Dworkin

North Carolina, Memphis, Central Virginia, and Miami-Dade Chapters of the A. Philip Randolf Institute, Amicus Curiae, represented by Charles Rothfeld

Pacific Legal Foundation, Center for Equal Opportunity, and Project 21, Amicus Curiae, represented by Christopher Matthew Kieser

Professor Nicholas Stephanopoulos, Amicus Curiae, represented by Jenna Adrith Hudson

Professor Travis Crum, Amicus Curiae, represented by Gregory Jacob Dubinsky

Republican Governors Public Policy Committee, Amicus Curiae, represented by Jason Brett Torchinsky

Republican State Leadership Committee, Amicus Curiae, represented by Charles Robert Spies

Senate Staffers and Other Leading Participants in the 1982 Amendments to the Voting Rights Act, Amicus Curiae, represented by Laura W. Brill

Senator Ted Cruz and Ten Other Members of the United States Senate, Amicus Curiae, represented by Bradley Alan Benbrook

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

State And Local Election Officials, Amicus Curiae, represented by Zachary D. Tripp

States of Ohio, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia, Amicus Curiae, represented by Benjamin Michael Flowers

The American Civil Liberties Union and The American Civil Liberties Union of Arizona, Amicus Curiae, represented by Davin McKay Rosborough

The Cato Institute, Amicus Curiae, represented by Ilya Shapiro

The Leadership Conference on Civil and Human Rights et al, Amicus Curiae, represented by Debo P. Adegbile

Voting Rights Scholars, Amicus Curiae, represented by Justin Michael Levitt

Wisconsin Majority Leader Scott Fitzgerald and Speaker Robin Vos, Amicus Curiae, represented by Jessie Ann Augustyn

 
Last updated: July 29, 2021