Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

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Benisek v. Lamone

Docket No. Op. Below Argument Opinion Vote Author Term
17-333 D. Md. TBD TBD TBD TBD OT 2017

Issues: (1) Whether the majority of the three-judge district court erred in holding that, to establish an actual, concrete injury in a First Amendment retaliation challenge to a partisan gerrymander, a plaintiff must prove that the gerrymander has dictated and will continue to dictate the outcome of every election held in the district under the gerrymandered map; (2) whether the majority erred in holding that the Mt. Healthy City Board of Education v. Doyle burden-shifting framework is inapplicable to First Amendment retaliation challenges to partisan gerrymanders; and (3) whether, regardless of the applicable legal standards, the majority erred in holding that the present record does not permit a finding that the 2011 gerrymander was a but-for cause of the Democratic victories in the district in 2012, 2014, or 2016.

SCOTUSblog Coverage

DateProceedings and Orders
Sep 01 2017Statement as to jurisdiction filed. (Response due October 2, 2017)
Sep 01 2017Motion to expedite consideration of the jurisdictional statement filed by appellants.
Sep 11 2017Response in opposition to motion to expedite consideration of the jurisdictional statement from appellees filed.
Sep 12 2017Reply to response in opposition to motion to expedite consideration of the jurisdictional statement from appellants filed.
Sep 13 2017Motion to expedite consideration filed by appellants DENIED.
Sep 14 2017Order extending time to file response to the jurisdictional statement to and including October 31, 2017.
Oct 31 2017Motion to affirm filed by appellees Linda H. Lamone, et al.
Nov 13 2017Opposition to motion of appellants O. John Benisek, et al. filed.
Nov 14 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 08 2017Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
 
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