Decided

No. 21-1086

Wes Allen, Alabama Secretary of State, et al., Appellants v. Evan Milligan, et al.

from the United States District Court for the Northern District of Alabama

Docket Entries

Judgment issued.

The stays heretofore entered by the Court on February 7, 2022, are vacated. See Allen v. Milligan, 599 U. S. ___ (2023). VIDED.

Adjudged 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.

Notification regarding substitution of party pursuant to S. Ct. R. 35.3 filed. VIDED.

Argued. 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.

Reply of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. (Distributed)

Motion for divided argument filed by appellees and respondents GRANTED. VIDED.

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. VIDED.

Application (22A82) granted by Justice Thomas extending the time to file appellants'/petitioners' consolidated reply brief on the merits until August 24, 2022. VIDED.

Application (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.

CIRCULATED

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amicus curiae of United States filed. VIDED.

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

Brief amici curiae of Local Governments filed. VIDED.

Brief amicus curiae of Professor Travis Crum filed. VIDED.

Brief amici curiae of Republican Former Governors filed. VIDED.

Brief amici curiae of Computational Redistricting Experts filed. VIDED.

Brief amicus curiae of The Brennan Center for Justice filed. VIDED.

Brief amicus curiae of Campaign Legal Center filed. VIDED.

Brief amici curiae of Professors Jowei Chen, Christopher S. Elmendorf, Nicholas O. Stephanopoulos, and Christopher S. Warshaw filed. VIDED.

Brief amici curiae of Alabama Historians filed. VIDED.

Brief 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.

Brief amicus curiae of American Bar Association filed. VIDED.

Brief amici curiae of Press Robinson, et al. filed. (Distributed)

Brief amici curiae of Representative Terri Sewell, et al. filed. VIDED.

Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Distributed)

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. VIDED.

Motion for divided argument filed by appellees and respondents. VIDED.

Brief amici curiae of The Central Alabama Fair Housing Center, et al. filed. VIDED. (Distributed)

Brief amicus curiae of National Congress of American Indians filed. VIDED.

Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED.

Brief amici curiae of UCLA Social Scientists filed. VIDED.

Brief amici curiae of U.W. Clemon, Fred D. Gray, Henry Sanders, the Alabama Legislative Black Caucus, and Social Science Professors filed. VIDED.

Brief amici curiae of Voting Rights Practitioners filed. VIDED.

Brief of appellees Evan Milligan, et al. filed (in 21-1086).

Brief of respondents Marcus Caster, et al. filed. VIDED.

Application (21A871) to file respondents' brief on the merits in excess of the word limit granted by Justice Thomas.

Application (21A869) for leave to file appellees brief on the merits in excess of the word limit granted by Justice Thomas.

Application of Milligan, et al. (21A869) to file appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas.

Application (21A871) of Caster, et al. to file respondents' brief on the merits in excess of the word limit, submitted to Justice Thomas.

Record requested from the U.S.D.C. Northern District of Birmingham, Alabama.

ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED.

Brief amicus curiae of Singleton Plaintiffs in support of neither party filed. VIDED.

Brief amicus curiae of Project on Fair Representation filed. VIDED.

Brief amicus curiae of Coastal Alabama Partnership filed. VIDED.

Brief amicus curiae of America First Legal filed. VIDED.

Brief amici curiae of United States Representatives from Alabama filed. VIDED.

Brief amici curiae of The State of Louisiana, et al filed. VIDED.

Brief amicus curiae of Republican National Committee filed. VIDED.

Brief amicus curiae of Lawyers Democracy Fund filed. VIDED.

Brief amicus curiae of John Wahl, Chairman, Alabama State Republican Executive Committee filed. VIDED.

Brief amici curiae of Citizens United, et al. filed. VIDED.

Brief amicus curiae of The National Republican Redistricting Trust filed. VIDED.

Brief amicus curiae of American Legislative Exchange Council filed. VIDED.

Brief amicus curiae of Public Interest Legal Foundation filed. VIDED.

Brief amicus curiae of Alabama Center for Law and Liberty filed. VIDED.

Brief amici curiae of Senator John Braun, et al. filed. VIDED.

Joint appendix filed (three volumes). VIDED. (Statement of costs filed)

Brief of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED.

Blanket Consent filed by Petitioner, John H. Merrill, Alabama Secretary of State, et al.

Blanket Consent filed by Respondent, Evan Milligan, et al.

Blanket Consent filed by Respondent, Marcus Caster, et al.

Application (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.

Joint 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.

Application (21A493) of appellants/petitioners for leave to file consolidated opening and reply briefs on the merits, submitted to Justice Thomas. VIDED.

Response of appellants and petitioners to the motion to modify or amend the question presented filed. VIDED.

Motion to modify or amend the question presented filed by appellees and respondents. VIDED.

Joint motion of the parties for an extension of time file the briefs on the merits. VIDED.

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. 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.”

This 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.

Application (21A375) referred to the Court.

Application (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).

Response to application from respondents Evan Milligan, et al. filed.

Reply of applicants John Merrill, et al. filed.

Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.

Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.

Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.

Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee.

Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.

Statement as to jurisdiction filed. (Response due March 9, 2022)

Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.

Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.

Parties

Evan Milligan, et al., Appellant, represented by Deuel Ross

Marcus Caster, et al., Appellant, represented by Abha Khanna

Wes Allenl, Alabama Secretary of State, et al., Appellant, represented by Jeffrey Matthew Harris

Wes Allenl, Alabama Secretary of State, et al., Appellant, represented by Edmund Gerard LaCour Jr.

Amici Curiae

Alabama Center for Law and Liberty, Amicus Curiae, represented by Matthew James Clark

Alabama Historians, Amicus Curiae, represented by Roy T. Englert Jr.

America First Legal, Amicus Curiae, represented by Christopher Ernest Mills

American Bar Association, Amicus Curiae, represented by Reginald M. Turner

American Legislative Exchange Council, Amicus Curiae, represented by Jonathon Paul Hauenschild

Bipartisan Group of Senators and Congressional Staff Member-Supporters of the 1982 Voting Rights Act Amendments and 2006 Voting Rights Act Reauthorization, Amicus Curiae, represented by Jeffrey Paul Justman

Campaign Legal Center, Amicus Curiae, represented by Mark Peter Gaber

Citizens United, et al., Amicus Curiae, represented by Bradley Alan Benbrook

Coastal Alabama Partnership, Amicus Curiae, represented by John Cowles Neiman Jr.

Computational Redistricting Experts, Amicus Curiae, represented by Sam Hirsch

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

District of Columbia, Amicus Curiae, represented by Caroline Sage Van Zile

John Wahl, Chairman, Alabama State Republican Executive Committee, Amicus Curiae, represented by Albert Linch Jordan

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

Lawyers Democracy Fund, Amicus Curiae, represented by Efrem M. Braden

Local Governments, Amicus Curiae, represented by Joseph Russell Palmore

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

Press Robinson, Edgar Cage, Dorothy Nairne, Alice Washington, Clee Earnest Lowe, Davante Lewis, Martha Davis, Ambrose Sims, NAACP Louisiana State Conference, and Power Coalition for Equity and Justice, Amicus Curiae, represented by Jonathan Hillel Hurwitz

Professors Jowei Chen, Christopher S. Elmendorf, Nicholas O. Stephanopoulos, and Christopher S. Warshaw, Amicus Curiae, represented by Ruth Merewyn Greenwood

Professor Travis Crum, Amicus Curiae, represented by Demian Alexander Ordway

Project on Fair Representation, Amicus Curiae, represented by Jonathan Andrew Berry

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

Representative Terri Sewell et al., Amicus Curiae, represented by John Paul Schnapper-Casteras

Republican Former Governors, Amicus Curiae, represented by Kathleen Roberta Hartnett

Republican National Committee, Amicus Curiae, represented by David Alan Warrington

Senator John Braun, Leader of the Washington Senate Republican Caucus, et al., Amicus Curiae, represented by Charles Robert Spies

Singleton Plaintiffs, Amicus Curiae, represented by James Uriah Blacksher

The Brennan Center for Justice, Amicus Curiae, represented by David A. O'Neil

The Central Alabama Fair Housing Center, et al., Amicus Curiae, represented by Rebecca Jane Livengood

The National Republican Redistricting Trust, Amicus Curiae, represented by Jason Brett Torchinsky

The Southern Poverty Law Center, The League of Women Voters of Alabama, The League Of Women Voters of The United States, and Stand-Up Mobile, Amicus Curiae, represented by Noah Nehemiah Gillespie

The State of Louisiana, et al, Amicus Curiae, represented by Elizabeth Baker Murrill

UCLA Social Scientists, Amicus Curiae, represented by Chad Wilson Dunn

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

United States Representatives from Alabama, Amicus Curiae, represented by Christopher Ernest Mills

U.W. Clemon, Fred D. Gray, Henry Sanders, the Alabama Legislative Black Caucus, and Social Science Professors, Amicus Curiae, represented by Jeffrey T. Green

Voting Rights Practitioners, Amicus Curiae, represented by Debo P. Adegbile

 
Last updated: October 15, 2024