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Gill v. Whitford

Docket No. Op. Below Argument Opinion Vote Author Term
16-1161 W.D. Wis. Oct 3, 2017 Jun 18, 2018 9-0 Roberts OT 2017

Holding: Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on June 18, 2018. Thomas and Gorsuch joined the opinion except as to Part III. Justice Kagan filed a concurring opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 24 2017Statement as to jurisdiction filed. (Response due April 24, 2017)
Mar 24 2017Appendix of Beverly R. Gill, et al. filed.
Apr 05 2017Order extending time to file response to statement as to jurisdiction to and including May 15, 2017.
Apr 18 2017Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the appellants filed.
Apr 24 2017Brief amicus curiae of The Wisconsin Institute for Law and Liberty filed.
Apr 24 2017Brief amici curiae of The States of Texas, et al. filed.
Apr 24 2017Brief amici curiae of Wisconsin State Senate, et al. filed.
Apr 24 2017Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Apr 24 2017Brief amici curiae of The Republican National Committee, et al. filed.
May 08 2017Motion to affirm filed by appellees William Whitford, et al.
May 18 2017Opposition to motion to affirm of appellants Beverly R. Gill, et al. filed.
May 22 2017Application (16A1149) for a stay pending appeal, submitted to Justice Kagan.
May 23 2017DISTRIBUTED for Conference of June 8, 2017.
May 24 2017Response to application (16A1149) requested by Justice Kagan, due Wednesday, June 7, 2017, by 11 a.m. ET.
May 25 2017Motion for leave to file amici brief in support of stay filed by Wisconsin State Senate, et al.
Jun 07 2017Response to application from respondent William Whitford, et al. filed.
Jun 08 2017Reply of applicant Beverly R. Gill, et al. filed.
Jun 09 2017Application (16A1149) referred to the Court.
Jun 12 2017DISTRIBUTED for Conference of June 15, 2017.
Jun 19 2017The application for stay presented to Justice Kagan and by her referred to the Court is granted, and it is ordered that the judgment of the United States District Court for the Western District of Wisconsin, case No. 3:15-cv-00421, entered January 27, 2017, amended February 22, 2017, and corrected March 15, 2017, is stayed pending disposition of the appeal in this Court. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application for stay.
Jun 19 2017Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
Jul 13 2017Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel for the appellants received.
Jul 17 2017Consent to the filing of amicus curiae briefs in support of either party, or neither party from counsel for the appellees received.
Jul 19 2017SET FOR ARGUMENT on Tuesday, October 3, 2017.
Jul 28 2017Brief of appellant Beverly R.Gill, et al. filed.
Jul 28 2017Joint appendix filed. (2 Volumes) (Statement of costs filed)
Aug 01 2017Record requested from the U.S.D.C. Western Dist. of Wisconsin.
Aug 03 2017Brief amicus curiae of Republican National Committee filed.
Aug 03 2017Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Aug 03 2017Brief amici curiae of Tennessee State Senators filed.
Aug 04 2017Brief amicus curiae of Wisconsin Institute for Law & Liberty filed.
Aug 04 2017Brief amici curiae of Majority Leader and Temporary President of the New York State Senate and members of the Majority Coalition filed.
Aug 04 2017Brief amici curiae of Wisconsin State Senate and Wisconsin State Assembly filed.
Aug 04 2017Brief amici curiae of States of Texas, et al. filed.
Aug 04 2017Brief amicus curiae of Southeastern Legal Foundation filed.
Aug 04 2017Brief amicus curiae of the Legacy Foundation filed.
Aug 04 2017Brief amicus curiae of Republican State Leadership Committee filed.
Aug 04 2017Brief amici curiae of Plaintiffs in the Maryland Redistricting Litigation, Benisek v. Lamone (formerly Shapiro v. McManus), supporting neither party filed.
Aug 04 2017Brief amicus curiae of Wisconsin Manufacturers & Commerce filed.
Aug 04 2017Brief amicus curiae of National Republican Congressional Committee filed.
Aug 04 2017Brief amici curiae of American Civil Rights Union, et al. filed.
Aug 09 2017Record received from the U.S.D.C. Western District of Wisconsin. ( 1 Envelope )
Aug 10 2017Brief amicus curiae of Eric McGhee in support of neither party filed.
Aug 10 2017Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed. (Distributed)
Aug 14 2017CIRCULATED.
Aug 28 2017Brief of appellees William Whitford, et al. filed. (Distributed)
Aug 30 2017Brief amici curiae of Heather K. Gerken, et al. filed. (Distributed)
Aug 30 2017Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument filed.
Aug 31 2017Brief amicus curiae of Eric S. Lander filed. (Distributed)
Sep 01 2017Brief amici curiae of American Jewish Committee, et al. filed.(Distributed)
Sep 01 2017Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Sep 01 2017Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
Sep 01 2017Brief amici curiae of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
Sep 01 2017Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
Sep 05 2017Brief amici curiae of Historians filed. (Distributed)
Sep 05 2017Brief amici curiae of Senators John McCain and Sheldon Whitehouse filed. (Distributed)
Sep 05 2017Brief amici curiae of Law Professors filed. (Distributed)
Sep 05 2017Brief amici curiae of Political Geography Scholars filed. (Distributed)
Sep 05 2017Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
Sep 05 2017Brief amici curiae of Political Science Professors filed. (Distributed)
Sep 05 2017Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)
Sep 05 2017Brief amici curiae of Republican Statewide Officials Senators Bill Brock, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of States of Oregon, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of League of Conservation Voters, et al. filed. (Distributed)
Sep 05 2017Brief amicus curiae of Center for Media and Democracy filed. (Distributed)
Sep 05 2017Brief amici curiae of Georgia State Conference of the NAACP, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of California Citizens Redistricting Commission, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of Represent.Us, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of Current Members of Congress, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Sep 05 2017Brief amici curiae of Bipartisan Group of 65 Current and Former State Legislators filed. (Distributed)
Sep 05 2017Brief amicus curiae of Common Cause filed. (Distributed)
Sep 05 2017Brief amicus curiae of League of Women Voters filed. (Distributed)
Sep 05 2017Brief amici curiae of Fairvote and One Nation One Vote filed. (Distributed)
Sep 05 2017Brief amici curiae of Election Law and Constitutional Law Scholars filed. (Distributed)
Sep 05 2017Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
Sep 05 2017Brief amici curiae of Bipartisan Group of Current and Former Members of Congress filed. (Distributed)
Sep 05 2017Brief amicus curiae of David Boyle filed. (Distributed)
Sep 05 2017Brief amici curiae of Robin Best, et al. filed. (Distributed)
Sep 15 2017Reply of appellants Beverly R. Gill, et al. filed. (Distributed)
Sep 25 2017Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
Oct 03 2017Argued. For appellants: Misha Tseytlin, Solicitor General, Madison, Wis.; and Erin E. Murphy, Washington, D. C. (for Wisconsin State Senate, et al., as amici curiae.) For appellees: Paul M. Smith, Washington, D. C.
Jun 18 2018Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas and Gorsuch, JJ., joined except as to Part III. Kagan, J., filed a concurring opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined.
Jul 20 2018JUDGMENT ISSUED.
Aug 29 2018The record from the U.S.D.C. Western District of Wisconsin has been returned.