Argued

No. 21-1271

Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al. v. Rebecca Harper, et al.

from the Supreme Court of North Carolina

See other cases from North Carolina.

Docket Entries

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)

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)

Letter to the Court from All Parties of State Respondents submitted.

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.

Reply of Timothy Moore, et al. submitted.

Reply of petitioners Timothy Moore, et al. filed. (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 GRANTED.

Motion for divided argument filed by respondents GRANTED.

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.

Record received from the Supreme Court of North Carolina. The record is electronically filed.

Record requested from the Supreme Court of North Carolina.

Amicus brief of Senator Amy Klobuchar, et al. submitted.

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.

Motion for divided argument and for enlargement of time for oral argument filed by the respondents.

Brief amici curiae of Senator Amy Klobuchar, et al. filed. (Distributed)

Brief amici curiae of Secretaries of State of Colorado, et al. filed. (Distributed)

Brief amici curiae of Current and Former Election Administrators filed. (Distributed)

Brief amici curiae of The Lawyers’ Committee For Civil Rights Under Law, Advancement Project, Asian American Legal Defense And Education Fund, Asian Americans Advancing Justice, Demos, Latinojustice, Leadership Conference, National Association For The Advancement Of Colored Pe filed. (Distributed)

Brief amici curiae of Democracy and Race Scholars filed. (Distributed)

Brief amicus curiae of Public Citizen filed. (Distributed)

Brief amici curiae of Boston University Center for Antiracist Research and Professor Atiba R. Ellis filed. (Distributed)

Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces filed. (Distributed)

Brief amicus curiae of Human Rights Watch filed. (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.

Motion for divided argument and for enlargement of time for oral argument filed by the state and non-state respondents.

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

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II filed. (Distributed)

Brief amicus curiae of Lawyers Defending American Democracy filed. (Distributed)

Brief amici curiae of The Making Every Vote Count Foundation and The Leadership Now Foundation filed. (Distributed)

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

Brief amici curiae of State Constitutional Historians Lawrence Friedman and Robert F. Williams filed. (Distributed)

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

Brief amicus curiae of William M. Treanor filed. (Distributed)

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)

Brief amici curiae of The Anti-Defamation League, The Sikh Coalition, The Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism filed. (Distributed)

Brief amici curiae of Former Republican Elected and Executive Branch Officials filed. (Distributed)

Brief amici curiae of Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji filed. (Distributed)

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)

Brief amicus curiae of Women4Change Indiana, Inc. filed. (Distributed)

Amicus brief of U.S. Senator Amy Klobuchar, et al. not accepted for filing. (October 27, 2022 - corrected brief to be submitted)

Brief amicus curiae of Professor Evan Bernick filed. (Distributed)

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

Brief amicus curiae of American Bar Association filed. (Distributed)

Brief amici curiae of Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania filed. (Distributed)

Brief amicus curiae of Professor Derek T. Muller filed. (Distributed)

Brief amicus curiae of Gov. Arnold Schwarzenegger filed. (Distributed)

Brief amicus curiae of FairDistricts Now filed. (Distributed)

Brief amici curiae of American Civil Liberties Union, the ACLU of North Carolina, the Rutherford Institute, and the Niskanen Center filed. (Distributed)

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

Brief amici curiae of Scholars of the Founding Era filed. (Distributed)

Brief amicus curiae of Benjamin L. Ginsberg filed. (Distributed)

Amicus brief of The Lawyers’ Committee For Civil Rights Under Law and Fourteen additional Organizations submitted.

Amicus brief of U.S. Senator Amy Klobuchar et al. not accepted for filing. (October 27, 2022) (corrected brief to be submitted)

Amicus brief of U.S. Senator Amy Klobuchar et al. not accepted for filing. (October 27, 2022)

Brief amici curiae of Law Forward, et al. filed. (Distributed)

Brief amici curiae of Bipartisan Current and Former Election Officials Donetta Davidson, et al. filed. (Distributed)

Brief amici curiae of U.S. Senator Sheldon Whitehouse, et al. filed. (12/06/2022) (Distributed)

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.)

Motion of United States for leave to participate in oral argument and for divided argument submitted.

Motion of Common Cause for divided argument submitted.

Amicus brief of United States submitted.

Amicus brief of The Anti-Defamation League, The Sikh Coalition, The Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism submitted.

Amicus brief of Women4Change Indiana, Inc. submitted.

Amicus brief of NAACP Legal Defense & Educational Fund, Inc. submitted.

Amicus brief of Former Republican Elected and Executive Branch Officials submitted.

Amicus brief of Boston University Center for Antiracist Research and Professor Atiba R. Ellis submitted.

Amicus brief of Public Citizen submitted.

Amicus brief of District of Columbia, Illinois, et al. submitted.

Amicus brief of North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II submitted.

Amicus brief of Scholars of the Founding Era submitted.

Amicus brief of Secretaries of State of Colorado, et al. submitted.

Amicus brief of Scholars of State Constitutional Law submitted.

Amicus brief of Lawyers Defending American Democracy submitted.

Amicus brief of Eugene H. Goldberg submitted.

Amicus brief of Democracy and Race Scholars submitted.

Amicus brief of U.S. Senator Amy Klobuchar et al. submitted.

Amicus brief of Benjamin L. Ginsberg submitted.

Amicus brief of American Bar Association submitted.

Amicus brief of League of Women Voters of The United States and Leagues of Women Voters Representing 50 States and The District Of Columbia submitted.

Amicus brief of State Constitutional Historians Lawrence Friedman and Robert F. Williams submitted.

Amicus brief of Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji submitted.

Amicus brief of U.S. Senator Sheldon Whitehouse and Representative Henry “Hank” Johnson, Jr. submitted.

Amicus brief of Gov. Arnold Schwarzenegger submitted.

Amicus brief of Professor Evan Bernick submitted.

Amicus brief of Professor Derek T. Muller submitted.

Amicus brief of The Making Every Vote Count Foundation and The Leadership Now Foundation submitted.

Amicus brief of The Lawyers’ Committee For Civil Rights Under Law, Advancement Project, Asian American Legal Defense And Education Fund, Asian Americans Advancing Justice, Demos, Latinojustice, Leadership Conference, National Association For The Advancement Of Colored People, National Education Association, National Urban League, Native American Rights Fund, New York County Lawyers’ Association, North Carolina State Conference Of The Naacp, People For The American Way & The Workers Circle. submitted.

Amicus brief of American Civil Liberties Union, the ACLU of North Carolina, the Rutherford Institute, and the Niskanen Center submitted.

Amicus brief of Current and Former Election Administrators submitted.

Amicus brief of FairDistricts Now submitted.

Amicus brief of Brennan Center for Justice at NYU School of Law submitted.

Amicus brief of William M. Treanor submitted.

Amicus brief of Human Rights Watch submitted.

Amicus brief of Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces submitted.

Amicus brief of Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania submitted.

Amicus brief 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 submitted.

Amicus brief of Donetta Davidson, Tracy Howard, Neal Kelley, Roxanna Moritz, Helen Purcell, Al Schmidt, DeForest Soaries, and Janice Winfrey submitted.

Amicus brief of Law Forward, et al. submitted.

Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)

Brief amici curiae of The Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)

Brief amici curiae of The Anti-Defamation League, et al. filed. (Distributed)

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)

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

Amicus brief of Constitutional Accountability Center submitted.

Amicus brief of Charles Plambeck and Joni Walser submitted.

CIRCULATED.

Brief amici curiae of Local Government Law Professors filed. (Distributed)

Brief amici curiae of Charles Plambeck and Joni Walser filed. (Distributed)

Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)

Brief amicus curiae of Richard L. Hasen filed. (Distributed)

Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)

Amicus brief of Hon. Rafael Hernandez Montañez, in his official capacity as Speaker of the Puerto Rico House of Representatives submitted.

Amicus brief of Local Government Law Professors submitted.

Amicus brief of Richard L. Hasen submitted.

Amicus brief of Campaign Legal Center, Democracy 21, End Citizens United//Let America Vote Action Fund, National Council of Jewish Women, Inc., OneVirginia2021, RepresentUs, Republican Women for Progress, Unitarian Universalists for Social Justice, and Voters Not Politicians submitted.

Brief amici curiae of Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi filed.

Amicus brief of Stephen M. Shapiro submitted.

Amicus brief of Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi submitted.

Brief amicus curiae of Michael L. Rosin filed.

Brief amicus curiae of Stephen M. Shapiro filed.

Amicus brief of Michael L. Rosin submitted.

Brief amici curiae of Thomas Griffith, et al. filed.

Brief of state respondents filed.

Consolidated brief of non-state respondents filed.

Brief of respondents Non-State Respondents filed.

Brief of respondents State Respondents filed.

SET FOR ARGUMENT on Wednesday, December 7, 2022.

Motion to dispense with printing the joint appendix filed by petitioners GRANTED.

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.

Blanket Consent filed by Petitioner, Timothy Moore, et al.

Brief amicus curiae of Taxpayers For Honest Elections filed.

Brief amicus curiae of APA Watch filed.

Brief amicus curiae of The American Legislative Exchange Council filed.

Brief amicus curiae of The Claremont Institute's Center for Constitutional Jurisprudence filed.

Brief amicus curiae of Public Interest Legal Foundation filed.

Brief amici curiae of White House Watch, a project of United States Public Policy Council, et al. filed.

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

Brief amicus curiae of Arizona Independent Redistricting Commission in support of neither party filed.

Brief amici curiae of Arkansas, et al. filed.

Brief amicus curiae of America's Future, Inc. filed.

Brief amicus curiae of Honest Elections Project filed.

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

Brief amici curiae of Lawyers Democracy Fund and State Legislators filed.

Brief amici curiae of Group of New York Voters in support of neither party filed.

Brief amicus curiae of Conference of Chief Justices in support of neither party filed.

Brief amicus curiae of America First Legal Foundation filed.

Brief amicus curiae of National Republican Redistricting Trust filed.

Brief amici curiae of Senator Kim Ward, et al. filed.

Brief amicus curiae of Hon. John R. Ashcroft filed.

Brief amicus curiae of Restoring Integrity and Trust in Elections, Inc. filed.

Brief amici curiae of Wisconsin Voter Alliance, et al. in support of neither party filed.

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)

Brief amici curiae of White House Watch, a project of United States Public Policy Council, et al. filed.(File Date Corrected.)

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)

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)

Motion to dispense with printing the joint appendix filed by petitioners Timothy Moore, et al.

Brief of petitioners Timothy Moore, et al. filed.

Blanket Consent filed by Respondent, Rebecca Harper, et al.

Blanket Consent filed by Respondent, North Carolina League of Conservation Voters, Inc.

Blanket Consent filed by Respondent, State Respondents

Blanket Consent filed by Respondent, Common Cause

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.

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

Petition GRANTED.

DISTRIBUTED for Conference of 6/29/2022.

DISTRIBUTED for Conference of 6/23/2022.

DISTRIBUTED for Conference of 6/16/2022.

Reply of petitioners Timothy Moore, et al. filed. (Distributed)

Brief of respondents State Respondents in opposition filed.

Brief of respondents North Carolina League of Conservation Voters, Inc., et al. in opposition filed.

Brief of respondents Rebecca Harper, et al. in opposition filed.

Brief of respondent Common Cause in opposition filed.

Brief amicus curiae of National Republican Redistricting Trust filed.

Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2022.

Motion to extend the time to file a response from April 20, 2022 to June 20, 2022, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due April 20, 2022)

Application (21A455) referred to the Court.

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).

Reply of applicants Timothy Moore, et al. filed.

Response to application from respondents North Carolina League of Conservation Voters, Inc., et al. filed.

Motion for Leave to File Brief of Amici Curiae filed by Republican National Committee, NRCC, North Carolina Republican Party.

Motion for Leave to File Brief of Amicus Curiae filed by National Republican Redistricting Trust.

Response to application from respondent Common Cause filed.

Response to application from respondents Rebecca Harper, et al. filed.

Response to application from State Respondents filed.

Application (21A455) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.

Letter dated February 25, 2022 from counsel for applicants filed.

Response to application (21A455) requested by The Chief Justice, due by 5 p.m. on Wednesday, March 2, 2022.

Parties

Timothy Moore, et al., Petitioner, represented by David H. Thompson

Common Cause, Respondent, represented by Neal Kumar Katyal

North Carolina League of Conservation Voters, Inc., Respondent, represented by Zachary Charles Schauf

North Carolina League of Conservation Voters, Inc., Respondent, represented by Jessica Ring Amunson

Rebecca Harper, et al., Respondent, represented by Abha Khanna

State Respondents, Respondent, represented by Donald B. Verrilli Jr.

State Respondents, Respondent, represented by Sarah Gardner Boyce

Thomas Griffith, John Danforth, Larry Thompson, Barbara Comstock, Peter Keisler, Stuart Gerson, et al., Respondent, represented by Richard Douglas Bernstein

Amici Curiae

America First Legal Foundation, Amicus Curiae, represented by Jonathan F. Mitchell

American Bar Association, Amicus Curiae, represented by Faith Elizabeth Gay

America's Future, Inc., Amicus Curiae, represented by William Jeffrey Olson

APA Watch, Amicus Curiae, represented by Lawrence J. Joseph

Benjamin L. Ginsberg, Amicus Curiae, represented by Marcos Daniel Jimenez

Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania, Amicus Curiae, represented by Mary B. McCord

Boston University Center for Antiracist Research and Professor Atiba R. Ellis, Amicus Curiae, represented by Rebecca MacDowell Lecaroz

Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji, Amicus Curiae, represented by Theresa Jeane Lee

Charles Plambeck and Joni Walser, Amicus Curiae, represented by H. David Rosenbloom

Citizens United, Citizens United Foundation, and the Presidential Coalition, Amicus Curiae, represented by Gary Michael Lawkowski

Colorado Secretary of State, Amicus Curiae, represented by Eric Reuel Olson

Conference of Chief Justices, Amicus Curiae, represented by Carter G. Phillips

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

Current and Former Election Administrators, Amicus Curiae, represented by Karl J. Sandstrom

Democracy and Race Scholars, Amicus Curiae, represented by Angela Marie Liu

Donetta Davidson, Tracy Howard, Neal Kelley, Roxanna Moritz, Helen Purcell, Al Schmidt, DeForest Soaries, and Janice Winfrey, Amicus Curiae, represented by Mark Alexander Packman

Eugene H. Goldberg, Amicus Curiae, represented by Eugene H. Goldberg

FairDistricts Now, Amicus Curiae, represented by Gregory L. Diskant

Gov. Arnold Schwarzenegger, Amicus Curiae, represented by David C. Frederick

Group of New York Voters, Amicus Curiae, represented by Misha Tseytlin

Honest Elections Project, Amicus Curiae, represented by Cameron Thomas Norris

Hon. John R. Ashcroft, Amicus Curiae, represented by Jesus Armando Osete

Hon. Rafael Hernandez Montañez, in his official capacity as Speaker of the Puerto Rico House of Representatives, Amicus Curiae, represented by Jorge Martinez-Luciano

Independent Redistricting Commission, Amicus Curiae, represented by Brett William Johnson

Law Forward, et al., Amicus Curiae, represented by Mel Barnes

Lawyers Defending American Democracy, Amicus Curiae, represented by Gershon Michael Ratner

Lawyers Democracy Fund and State Legislators, Amicus Curiae, represented by David B. Rivkin Jr.

Local Government Law Professors, Amicus Curiae, represented by Joshua Aaron Rosenthal

Michael L. Rosin, Amicus Curiae, represented by Michael Nicholas Donofrio

NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Stuart Charles Naifeh

National Republican Redistricting Trust, Amicus Curiae, represented by Phillip Michael Gordon

Professor Evan Bernick, Amicus Curiae, represented by Anton Metlitsky

Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi, Amicus Curiae, represented by Vikram David Amar

Public Citizen, Amicus Curiae, represented by Scott Lawrence Nelson

Public Interest Legal Foundation, Amicus Curiae, represented by John Christian Adams

Republican National Committee, NRCC, North Carolina Republican Party, Amicus Curiae, represented by Jason Brett Torchinsky

Restoring Integrity and Trust in Elections, Inc., Amicus Curiae, represented by John Matthew Gore

Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces, Amicus Curiae, represented by Ilana Hope Eisenstein

Richard L. Hasen, Amicus Curiae, represented by Richard Hasen

Scholars of State Constitutional Law, Amicus Curiae, represented by Christopher Jason Cariello

Scholars of the Founding Era, Amicus Curiae, represented by Jonathan Hillel Hurwitz

Secretaries of State of Colorado, et al., Amicus Curiae, represented by Eric Reuel Olson

Senator Amy Klobuchar, et al., Amicus Curiae, represented by David A. O'Neil

Senator Kim Ward, the Majority Leader of the Pennsylvania Senate, and the Republican Caucus of the Pennsylvania Senate, Amicus Curiae, represented by Anthony R. Holtzman

State Constitutional Historians Lawrence Friedman and Robert F. Williams, Amicus Curiae, represented by Michael Julian Gottlieb

States of Arkansas, Arizona, Alabama, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, and Utah., Amicus Curiae, represented by Nicholas Jacob Bronni

Stephen M. Shapiro, Amicus Curiae, represented by Stephen Mark Shapiro

Taxpayers for Honest Elections, Amicus Curiae, represented by David Stevenson Walker II

TAXPAYERS FOR HONEST ELECTIONS, Amicus Curiae, represented by David Stevenson Walker II

The American Legislative Exchange Council, Amicus Curiae, represented by Lee Elton Goodman

The Anti-Defamation League, The Sikh Coalition, The Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism, Amicus Curiae, represented by John Barney Harris

The Claremont Institute's Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

The Making Every Vote Count Foundation and The Leadership Now Foundation, Amicus Curiae, represented by Robert Allen Long Jr.

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, Amicus Curiae, represented by John J. Korzen

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

U.S. Senator Amy Klobuchar et al., Amicus Curiae, represented by David A. O'Neil

White House Watch, a project of United States Public Policy Council et al. (including 33 Individuals), Amicus Curiae, represented by David William Telford Carroll

Wisconsin Voter Alliance and Pure Integrity Michigan Elections, Amicus Curiae, represented by Erick G. Kaardal

Women4Change Indiana, Inc., Amicus Curiae, represented by Harmony Ann Mappes

 
Last updated: November 23, 2022