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North Carolina v. Covington

Docket No. Op. Below Argument Opinion Vote Author Term
16-1023 M.D.N.C. Not Argued Jun 5, 2017 n/a Per Curiam OT 2016

Holding: In ordering special elections and suspending residency requirements in the state constitution after holding that 28 majority-black districts drawn by the North Carolina General Assembly were unconstitutional racial gerrymanders, the district court did not adequately grapple with the case-specific interests -- such as the severity and nature of the particular constitutional violation, the extent of the likely disruption to the ordinary processes of governance if early elections are imposed, and the need to act with proper judicial restraint when intruding on state sovereignty -- on both sides of the remedial question.

Judgment: Vacated and remanded in a per curiam opinion on June 5, 2017.

SCOTUSblog Coverage

DateProceedings and Orders
Dec 30 2016Application (16A646) for a stay of remedial order pending resolution of direct appeal in this Court, submitted to The Chief Justice.
Jan 3 2017Response Requested due no later than noon on January 9, 2017
Jan 9 2017Response to application from respondent Sandra Little Covington, et al. filed.
Jan 10 2017Reply of applicant North Carolina, et al., Appellants filed.
Jan 10 2017Application (16A646) referred to the Court.
Jan 10 2017Application (16A646) granted by the Court. The application for stay of the order of the United States District Court for the Middle District of North Carolina, case No. 1:15-CV-399, entered on November 29, 2016, presented to The Chief Justice and by him referred to the Court is granted, pending the timely filing of a statement as to jurisdiction. Should such statement be timely filed, this order shall remain in effect pending this Court’s action on the appeal. If the judgment should be affirmed, or the appeal dismissed, this stay shall expire automatically. In the event jurisdiction is noted or postponed, this order will remain in effect pending the sending down of the judgment of this Court.
Feb 21 2017Statement as to jurisdiction filed. (Response due March 27, 2017)
Feb 28 2017Motion to affirm filed by appellees Sandra Little Covington, et al.
Mar 14 2017Opposition to motion to affirm of appellants North Carolina, et al., Appellants filed.
Mar 15 2017DISTRIBUTED for Conference of March 31, 2017.
May 22 2017DISTRIBUTED for Conference of May 25, 2017.
May 24 2017Supplemental brief of appellants North Carolina, et al., Appellants filed. VIDED. (Distributed)
May 30 2017DISTRIBUTED for Conference of June 1, 2017.
May 31 2017Response to supplemental brief from appellees Sandra Little Covington, et al. filed. VIDED. (Distributed)
Jun 5 2017The judgment is VACATED, and the case is REMANDED. Opinion per curiam. (Detached Opinion)
Jun 6 2017Application (16A1203) for issuance of the judgment forthwith, submitted to The Chief Justice.
Jun 7 2017Response to application (16A1203) requested by The Chief Justice, due Tuesday, June 13, 2017, by 3 p.m. ET.
Jun 13 2017Response to application from Philip E. Berger, et al. filed.
Jun 13 2017Response to application from North Carolina, et al. filed.
Jun 14 2017Reply of Sandra Little Covington, et al. filed.
Jun 15 2017Application (16A1203) referred to the Court.
Jun 15 2017Application (16A1203) denied by the Court.
Term Snapshot