Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

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McCrory v. Harris

Docket No. Op. Below Argument Opinion Vote Author Term
15-1262 M.D. N.C. Dec 5, 2016
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether the court below erred in presuming racial predominance from North Carolina's reasonable reliance on this Court's holding in Bartlett v. Strickland that a district created to ensure that African Americans have an equal opportunity to elect their preferred candidate of choice complies with the Voting Rights Act (VRA) if it contains a numerical majority of African Americans; (2) whether the court below erred in applying a standard of review that required the State to demonstrate its construction of North Carolina Congressional District 1 was “actually necessary” under the VRA instead of simply showing it had “good reasons” to believe the district, as created, was needed to foreclose future vote dilution claims; (3) whether the court below erred in relieving plaintiffs of their burden to prove “race rather than politics” predominated with proof of an alternative plan that achieves the legislature's political goals, is comparably consistent with traditional redistricting principles, and brings about greater racial balance than the challenged districts; (4) whether, regardless of any other error, the three-judge court's finding of racial gerrymandering violations was based on clearly erroneous fact-finding; (5) whether the court below erred in failing to dismiss plaintiffs' claims as being barred by claim preclusion or issue preclusion; and (6) whether, in the interests of judicial comity and federalism, the Court should order full briefing and oral argument to resolve the split between the court below and the North Carolina Supreme Court which reached the opposite result in a case raising identical claims.

SCOTUSblog Coverage

DateProceedings and Orders
Apr 8 2016Statement as to jurisdiction filed. (Response due May 11, 2016)
May 11 2016Motion to affirm filed by appellees David Harris and Christine Bowser
May 24 2016Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
May 31 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016PROBABLE JURISDICTION NOTED.
Jul 6 2016Record received from U.S.D.C. Middle District of North Carolina (Plaintiffs' Notice of Appeal). The record is electronic.
Aug 3 2016The time to file the joint appendix and appellants' brief on the merits is extended to and including September 12, 2016.
Sep 12 2016Brief of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
Sep 12 2016Joint appendix filed. (7 Volumes)
Sep 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellants.
Sep 16 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellees.
Sep 16 2016Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Oct 12 2016Brief of appellees David Harris and Christine Bowser filed.
Oct 19 2016Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.
Oct 19 2016Brief amicus curiae of Constitutional Accountability Center filed.
Oct 19 2016Brief amici curiae of Campaign Legal Center, et al. filed.
Oct 19 2016Brief amicus curiae of United States filed.
Oct 19 2016Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Oct 19 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2016SET FOR ARGUMENT on Monday, December 5, 2016
Oct 26 2016CIRCULATED.
Nov 1 2016Record requested form U.S.D.C. Middle Dist. of North Carolina.
Nov 7 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 10 2016Record received from the U.S.D.C. Middle Dist. of North Carolina is electronic.
Nov 14 2016Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed. (Distributed)
Dec 5 2016Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees: Mark E. Elias, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
 
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