Editor's Note :

Editor's Note :

We expect orders from the February 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Wednesday, March 1.

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Bethune-Hill v. Virginia State Board of Elections

Docket No. Op. Below Argument Opinion Vote Author Term
15-680 E.D. Va. Dec 5, 2016
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether the court below erred in holding that race cannot predominate even where it is the most important consideration in drawing a given district unless the use of race results in “actual conflict” with traditional districting criteria; (2) whether the court below erred by concluding that the admitted use of a one-size-fits-all 55% black voting age population floor to draw twelve separate House of Delegates districts did not amount to racial predominance and trigger strict scrutiny; (3) whether the court below erred in disregarding the admitted use of race in drawing district lines in favor of examining circumstantial evidence regarding the contours of the districts; (4) whether the court below erred in holding that racial goals must negate all other districting criteria in order for race to predominate; and (5) whether the court below erred in concluding that the General Assembly's predominant use of race in drawing House District 75 was narrowly tailored to serve a compelling government interest.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 20 2015Statement as to jurisdiction filed. (Response due December 23, 2015)
Dec 4 2015Waiver of right of appellees Virginia State Board of Elections, et al. to respond filed.
Dec 22 2015Motion to dismiss or affirm filed by appellees Virginia House of Delegates, and Speaker William J. Howell.
Dec 30 2015Reply of appellants Golden Bethune-Hill, et al., Appellants filed.
Jan 6 2016DISTRIBUTED for Conference of January 22, 2016.
Jan 11 2016Record requested from the U.S.D.C. Eastern Dist. of Virginia.
Jan 13 2016Record Requested .
Jan 21 2016Record received from the USDC-Eastern District of Virginia (3 boxes). The remainder of the record is electronic and available on PACER.
Jan 27 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 22 2016Supplemental brief of appellants Golden Bethune-Hill, et al., Appellants filed. (Distributed)
Feb 23 2016Supplemental brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed. (Distributed)
May 23 2016DISTRIBUTED for Conference of May 26, 2016.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016PROBABLE JURISDICTION NOTED.
Jun 23 2016Record from U.S.D.C. Eastern District of Virginia has been returned.
Jun 30 2016The time to file the joint appendix and appellants' brief on the merits is extended to and including September 7, 2016.
Jun 30 2016The time to file appellees' and intervenor-appellees' brief on the merits is extended to and including October 7, 2016.
Sep 7 2016Joint appendix filed. (6 Volumes)
Sep 7 2016Brief of appellants Golden Bethune-Hill, et al. filed.
Sep 9 2016Consent to the filing of amicus curiae briefs in support, of either party or of neither party, received from counsel for Appellants.
Sep 13 2016Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed.
Sep 14 2016Brief amicus curiae of United States supporting vacatur in part and affirmance in part filed.
Sep 14 2016Brief amicus curiae of Constitutional Accountability Center filed.
Sep 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees.
Sep 14 2016Brief amici curiae of NAACP and Virginia NAACP filed.
Sep 14 2016Brief amici curiae of Campaign Legal Center, et al. filed.
Sep 14 2016Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law in support of neither party filed.
Oct 3 2016Extension of time within which to file appellees' and intervenor-appellees' brief on the merits to and including October 17, 2016.
Oct 12 2016Letter from counsel for Defendants-Appellees, Virginia State Board of Elections, et al., notifying the Clerk they will not file a separate brief on the merits.
Oct 17 2016Brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed.
Oct 20 2016Brief amici curiae of Southeastern Legal Foundation, and the Center for Equal Opportunity filed.
Oct 21 2016SET FOR ARGUMENT on Monday, December 5, 2016
Oct 21 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 24 2016Brief amici curiae of Political Scientists Thomas L. Brunell, et al. filed. (Distributed)
Oct 24 2016Brief amici curiae of National Black Chamber of Commerce and The Hispanic Leadership Fund filed. (Distributed)
Oct 24 2016Lodging proposal from amici National Black Chamber of Commerce and the Hispanic Leadership Fund to lodge copies of a report (the "Lowen Report"), excerpts of which are include in the appendix to their amici brief.
Oct 26 2016CIRCULATED.
Nov 1 2016Record requested from the U.S.D.C. Eastern Dist. of Virginia.
Nov 4 2016Letter from Appellants opposing National Black Chamber of Commerce and the Hispanic Leadership Fund's proposed lodging.
Nov 4 2016Records received from the U.S.D.C. Eastern Dist. of Virginia is electronic and located on PACER. Also received are 3 boxes of Trial Exhibits.
Nov 14 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2016Reply of appellants Golden Bethune-Hill, et al. filed. (Distributed)
Dec 5 2016Argued. For appellants: Mark E. Elias, Washington, D. C. For United States, as amicus curiae: Irv Gornstein, Counselor to the Solicitor General, Department of Justice, Washington, D. C. For appellees: Paul D. Clement, Washington, D. C.
 
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