Harris v. Cooper

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-166 M.D.N.C. TBD TBD TBD TBD TBD

Issues: (1) Whether the district court erred in holding that a lack of discernible standards prevented it from striking down as a partisan gerrymander a districting plan when the plan’s architect freely admitted it was a partisan gerrymander designed to elect as many Republicans as mathematically possible; (2) whether the district court erred in holding that it could not, on the record before it, strike down a districting plan under the 14th Amendment when the plan was designed to secure “partisan advantage” for Republicans; and (3) whether the district court erred in holding that it could not, on the record before it, strike down a districting plan under the First Amendment when the plan was designed to impose burdens on Democratic voters because of their political beliefs. In addition, on May 26, the Supreme Court ordered the parties to brief the following issues: (1) Do the appellants have standing to challenge the remedial map as a partisan gerrymander? (2) Is the district court’s order denying the appellants’ objections to the remedial map appealable under 28 U. S. C. § 1253?

DateProceedings and Orders
Aug 03 2016Statement as to jurisdiction filed. (Response due September 6, 2016)
Sep 02 2016Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed.
Sep 06 2016Motion to dismiss or affirm filed by appellees Patrick McCrory, Governor of North Carolina, et al.
Sep 06 2016Brief amicus curiae of Brennan Center for Justice at NYU School of Law in support of neither party filed.
Sep 19 2016Opposition to appellees, motion to dismiss or affirm by appellants David Harris, et al., filed.
Sep 21 2016DISTRIBUTED for Conference of October 7, 2016.
May 22 2017DISTRIBUTED for Conference of May 25, 2017.
May 26 2017The parties are directed to file letter briefs addressing the following questions: 1) Do the appellants have standing to challenge the remedial map as a partisan gerrymander? 2) Is the District Court’s order denying the appellants’ objections to the remedial map appealable under 28 U. S. C. §1253? The letter briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Tuesday, June 6, 2017.
May 30 2017DISTRIBUTED for Conference of June 1, 2017.
Jun 05 2017DISTRIBUTED for Conference of June 8, 2017.
Jun 06 2017Supplemental letter of appellants David Harris, et al., Appellants filed. (Distributed)
Jun 06 2017Supplemental letter of appellee North Carolina State Board of Elections filed. (Distributed)
Jun 12 2017DISTRIBUTED for Conference of June 15, 2017.
 
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