Decided

No. 21-248

Philip E. Berger, et al. v. North Carolina State Conference of the NAACP, et al.

from the United States Court of Appeals for the Fourth Circuit

See other cases from the Fourth Circuit.

Docket Entries

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

Argued. For petitioners: David H. Thompson, Washington, D. C. For NAACP respondents: Elisabeth S. Theodore, Washington, D. C. For state respondents: Sarah Boyce, Deputy Solicitor General, Raleigh, N. C.

Reply of petitioners Philip E. Berger, et al. filed. (Distributed)

Motion for divided argument filed by respondents GRANTED.

Brief amicus curiae of Former North Carolina Supreme Court Justice Robert F. Orr filed. (Distributed)

Brief amici curiae of Federal Courts Scholars filed. (Distributed)

Brief amici curiae of Retired Federal Judges filed. (Distributed)

Brief amici curiae of Minnesota, Wisconsin, et al. filed. (Distributed)

Record received from the U.S.D.A. North Carolina Middle District has been electronically filed.

Motion for divided argument filed by respondents.

CIRCULATED

Brief of State respondents filed. (Distributed)

Brief of NAACP respondents filed.

ARGUMENT SET FOR Monday, March 21, 2022.

Record requested from the U.S.C.A. 4th Circuit.

Brief amicus curiae of American Legislative Exchange Council filed.

Brief amici curiae of Arizona, et al. filed.

Brief amicus curiae of Honest Elections Project filed.

Brief amicus curiae of Republican National Committee filed.

Brief amici curiae of Lawyers Democracy Fund and Rep. Rodney Davis filed.

Brief amicus curiae of Liberty Justice Center filed.

Brief amicus curiae of Wisconsin Legislature filed.

Brief amicus curiae of Republican State Leadership Committee filed.

Joint appendix filed. (Statement of cost filed)

Brief of petitioners Philip E. Berger, et al. filed.

Petition GRANTED.

DISTRIBUTED for Conference of 11/19/2021.

Reply of petitioners Philip E. Berger, et al. filed. (Distributed)

DISTRIBUTED for Conference of 11/12/2021.

Brief of respondents Damon Circosta, et al. in opposition filed.

Waiver of right of respondents North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP to respond filed.

Motion to extend the time to file a response is granted and the time is extended to and including October 13, 2021.

Motion to extend the time to file a response from September 22, 2021 to October 13, 2021, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due September 22, 2021)

Parties

Philip E. Berger, et al., Petitioner, represented by David H. Thompson

Damon Circosta, Stella Anderson, Jefferson Carmon III, Stacy Eggers IV, and Wyatt T. Tucker, Sr., in their official capacities as Chair, Secretary, and members of the North Carolina State Board of Elections, Respondent, represented by Sarah Gardner Boyce

Damon Circosta, Stella Anderson, Jefferson Carmon III, Stacy Eggers IV, and Wyatt T. Tucker, Sr., in their official capacities as Chair, Secretary, and members of the North Carolina State Board of Elections, Respondent, represented by Ryan Young Park

North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP, Respondent, represented by Elisabeth Susan Theodore

North Carolina State Conference of the NAACP, Chapel Hill-Carrboro NAACP, Greensboro NAACP, High Point NAACP, Moore County NAACP, Stokes County Branch of the NAACP, Winston Salem-Forsyth County NAACP, Respondent, represented by Stephen Kent Wirth

Amici Curiae

American Legislative Exchange Council, Amicus Curiae, represented by Jason Brett Torchinsky

Arizona, et al., Amicus Curiae, represented by Brunn Wall Roysden III

Federal Courts Scholars, Amicus Curiae, represented by Adam Scott Gershenson

Former North Carolina Supreme Court Justice Robert F. Orr, Amicus Curiae, represented by Andrew Harry Erteschik

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

Lawyers Democracy Fund and Rep. Rodney Davis, Amicus Curiae, represented by Richard Bryan Raile

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

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

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

Retired Federal Judges, Amicus Curiae, represented by Michael Julian Gottlieb

States of Minnesota, Wisconsin, et al as amici curiae, Amicus Curiae, represented by Elizabeth Catherine Kramer

Wisconsin Legislature, Amicus Curiae, represented by Taylor Ann Rausch Meehan

 
Last updated: July 5, 2022