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Benisek v. Lamone

Docket No. Op. Below Argument Opinion Vote Author Term
17-333 D. Md. Mar 28, 2018
Tr.Aud.
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.
Dec 26 2017Blanket Consent filed by Petitioner, O. John Benisek, et al.
Jan 05 2018Blanket Consent filed by Respondent, Linda H. Lamone, et al.
Jan 22 2018Brief of appellants O. John Benisek, et al. filed.
Jan 22 2018Joint appendix filed (4 volumes). (Statement of cost filed.)
Jan 24 2018SET FOR ARGUMENT ON Wednesday, March 28, 2018
Jan 25 2018Brief amicus curiae of Common Cause filed.
Jan 29 2018Brief amici curiae of Bipartisan Current and Former Members of Congress filed.
Jan 29 2018Brief amici curiae of International Municipal Lawyers Association, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and the County of Santa Clara filed.
Jan 29 2018Brief amicus curiae of Professor Michael Kang filed.
Jan 29 2018Brief amici curiae of Campaign Legal Center and Southern Coalition for Social Justice in Support of Neither Party filed.
Jan 29 2018Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed.
Jan 29 2018Brief amicus curiae of The Brennan Center for Justice at N.Y.U. School of Law filed.
Jan 29 2018Brief amici curiae of National Association for the Advancement of Colored People, et al. in support of neither party filed.
Jan 29 2018Brief amici curiae of Governors Lawrence Joseph Hogan Jr., Arnold A. Schwarzenegger, Joseph Graham "Gray" Davis Jr., and John R. Kasich filed.
Jan 29 2018Brief amici curiae of American Civil Liberties Union, et al. filed.
Jan 29 2018Brief amicus curiae of Stephen M. Shapiro filed.
Feb 07 2018CIRCULATED
Feb 21 2018Record requested from the U.S.D.C Dist. of Maryland.
Feb 21 2018Brief of appellees Linda H. Lamone, et al. filed. (Distributed)
Feb 27 2018Brief amicus curiae of Senator Joseph B. Scarnati, III filed. (Distributed)
Feb 28 2018Brief amicus curiae of State of Wisconsin filed. (Distributed)
Feb 28 2018Brief amicus curiae of Freedom Partners Chamber of Commerce filed. (Distributed)
Feb 28 2018Brief amicus curiae of States of Michigan, et al. filed. (Distributed)
Mar 13 2018Reply of appellants O. John Benisek, et al. filed. (Distributed)
Mar 28 2018Argued. For appellants: Michael B. Kimberly, Washington, D. C. For appellees: Steven M. Sullivan, Solicitor General, Baltimore, Md.
 
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