Arizona v. The Inter Tribal Council of Arizona, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-71 | 9th Cir. | Mar 18, 2013 | Jun 17, 2013 | 7-2 | Scalia | OT 2012 |
Holding: As applied to applicants who use a uniform federal form that merely requires them to aver, under penalty of perjury, that they are U.S. citizens, Arizona"s requirement that would-be voters provide actual proof of U.S. citizenship is pre-empted by the National Voter Registration Act's mandate that states "accept and use" the federal form.
Judgment: Affirmed, 7-2, in an opinion by Justice Scalia on June 17, 2013. Justice Kennedy filed an opinion concurring in part and concurring in the judgment. Justice Thomas and Justice Alito filed dissenting opinions.
SCOTUSblog Coverage
- Details: Arizona v. Inter Tribal Council of Arizona, Inc. (Tejinder Singh, June 17, 2013)
- Pyrrhic victory for federal government in Arizona voter registration case? [UPDATED with reference to Shelby County] (Marty Lederman, June 17, 2013)
- Opinion recap: One hand giveth....(UPDATED) (Lyle Denniston, June 17, 2013)
- Argument recap: Does "may only" mean "shall only"? (Lyle Denniston, March 18, 2013)
- Argument preview: Election integrity, or voter suppression? (Lyle Denniston, March 15, 2013)
- Court to rule on Arizona voting law (FINAL UPDATE) (Lyle Denniston, October 15, 2012)
- Petition of the day (Ben Cheng, September 20, 2012)
| Date | Proceedings and Orders |
|---|---|
| 07/16/2012 | Petition for a writ of certiorari filed. (Response due August 17, 2012) |
| 08/08/2012 | Order extending time to file response to petition to and including August 31, 2012, for all respondents. |
| 08/14/2012 | Brief amicus curiae of American Unity Legal Defense Fund filed. |
| 08/15/2012 | Motion for leave to file amicus brief filed by Mountain States Legal Foundation. |
| 08/17/2012 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| 08/17/2012 | Brief amici curiae of Alabama, et al. filed. |
| 08/20/2012 | Waiver of right of Coconino County Respondents to respond filed. |
| 08/29/2012 | Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. in opposition filed. |
| 08/31/2012 | Brief of respondents Jesus M. Gonzalez, et al. in opposition filed. |
| 09/11/2012 | Reply of petitioners Arizona, et al. to the response of Inter-Tribal Council of Arizona, et al. filed. |
| 09/11/2012 | Reply of petitioners Arizona, et al. to the response of Jesus Gonzalez, et al. filed. |
| 09/12/2012 | DISTRIBUTED for Conference of October 5, 2012. |
| 10/02/2012 | Supplemental brief of petitioners Arizona, et al. filed. (Distributed) |
| 10/04/2012 | Supplemental brief of respondents Jesus M. Gonzalez, et al. filed. (Distributed) |
| 10/09/2012 | DISTRIBUTED for Conference of October 12, 2012. |
| 10/15/2012 | Motion for leave to file amicus brief filed by Mountain States Legal Foundation GRANTED. |
| 10/15/2012 | Petition GRANTED. |
| 10/29/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Arizona, et al. |
| 11/19/2012 | Joint motion of Gonzalez, et al. and Arizona to correct case caption filed by respondents Jesus M. Gonzalez, et al. |
| 11/20/2012 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2012. |
| 11/29/2012 | Response to motion to correct case caption from counsel for Inter Tribal Council of Arizona, Inc., et al. |
| 11/30/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Inter Tribal Council of Arizona, Inc., et al. |
| 12/03/2012 | Reply of Gonzalez, et al. and Arizona, et al. to Inter Tribal Council of Arizona, Inc., et al. response to motion to correct case caption filed. |
| 12/07/2012 | The time to file respondents' briefs on the merits is extended to and including January 14, 2013. |
| 12/07/2012 | Joint appendix filed. (Statement of costs filed) |
| 12/07/2012 | Brief of petitioners Arizona, et al. filed. |
| 12/07/2012 | Brief of petitioners Twenty-six County Recorders and County Election Directors filed. |
| 12/11/2012 | Brief amicus curiae of American Unity Legal Defense Fund filed. |
| 12/13/2012 | Brief amicus curiae of Kris W. Kobach, Kansas Secretary of State filed. |
| 12/14/2012 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. |
| 12/14/2012 | Brief amicus curiae of Landmark Legal Foundation filed. |
| 12/14/2012 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 12/14/2012 | Brief amici curiae of Alabama, et al. filed. |
| 12/14/2012 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| 12/14/2012 | Brief amicus curiae of State Senator Russell Pearce filed. |
| 12/14/2012 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| 12/14/2012 | Brief amicus curiae of Members of Congress filed. |
| 12/19/2012 | Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party, received from counsel for the Gonzalez respondents. |
| 12/20/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coconino County, Arizona et al. |
| 12/26/2012 | Motion DISTRIBUTED for Conference of January 11, 2013. |
| 01/07/2013 | SET FOR ARGUMENT ON Monday, March 18, 2013 |
| 01/10/2013 | CIRCULATED. |
| 01/14/2013 | Motion to correct case caption DENIED. |
| 01/14/2013 | Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. filed. (Distributed) |
| 01/14/2013 | Brief of respondents Jesus M. Gonzalez, et al. filed (Appendix to brief bound separately.) |
| 01/18/2013 | Record from U.S.C.A. for 9th Circuit is electronic. |
| 01/18/2013 | Record from U.S.D.C. for District fo Arizona is electronic. |
| 01/22/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 01/22/2013 | Brief amicus curiae of League of Women Voters filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of Constitutional Law Professors filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of Election Administrators filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of Members of Congress filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of Overseas Vote Foundation, et al. filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed) |
| 01/22/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/22/2013 | Brief amicus curiae of Community Voter Registration Organizations filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of National Education Association, et al. filed. (Distributed) |
| 01/22/2013 | Brief amicus curiae of Asian American Legal Defense and Education Fund filed. (Distributed) |
| 01/22/2013 | Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed) |
| 02/13/2013 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| 02/19/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/18/2013 | Argued. For petitioners: Thomas C. Horne, Attorney General of Arizona, Phoenix, Ariz. For respondents: Patricia Millett, Washington, D. C.; and Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. (for Untied States, as amicus curiae.) |
| 06/17/2013 | Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Kennedy, J., joined in part. Kennedy, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., and Alito, J., filed dissenting opinions. |
| 07/19/2013 | JUDGMENT ISSUED |
Holding: As applied to applicants who use a uniform federal form that merely requires them to aver, under penalty of perjury, that they are U.S. citizens, Arizona”s requirement that would-be voters provide actual proof of U.S. citizenship is pre-empted by the National Voter Registration Act’s mandate that states “accept and use” the federal form.
Judgment:”Affirmed, 7-2, in an opinion by Justice Scalia on June 17, 2013. Justice Kennedy filed an opinion concurring in part and concurring in the judgment. Justice Thomas and Justice Alito filed dissenting opinions.