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Shapiro v. McManus

Docket No. Op. Below Argument Opinion Vote Author Term
14-990 4th Cir. Nov 4, 2015 Dec 8, 2015 9-0 Scalia OT 2015

Holding: 28 U.S.C. § 2284, which requires that a “district court of three judges shall be convened . . . when an action is filed challenging the constitutionality of the apportionment of congressional districts,” and further provides that “the judge [presented with a request for a three-judge court] shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges to serve,” entitles a group of Maryland residents to make their claim that the state’s 2011 congressional redistricting plan burdens their First Amendment right of political association before a three-judge court.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on December 8, 2015.

DateProceedings and Orders (key to color coding)
Feb 10 2015Petition for a writ of certiorari filed. (Response due March 20, 2015)
Mar 4 2015Order extending time to file response to petition to and including April 20, 2015.
Mar 20 2015Brief amicus curiae of Judicial Watch, Inc filed.
Apr 20 2015Brief of respondents Bobbie S. Mack, et al. in opposition filed.
May 1 2015Reply of petitioners Stephen M. Shapiro, O. John Beniser, and Maria B. Pycha filed.
May 5 2015DISTRIBUTED for Conference of May 21, 2015.
May 26 2015DISTRIBUTED for Conference of May 28, 2015.
Jun 1 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 8 2015Petition GRANTED.
Jun 11 2015Motion to dispense with printing the joint appendix filed by petitioner Stephen M. Shapiro, et al.
Jun 22 2015Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 22 2015The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 7, 2015.
Jun 22 2015The time to file respondents' brief on the merits is extended to and including September 24, 2015.
Jul 6 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 5 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 7 2015Brief of petitioners Stephen M. Shapiro, et al. filed.
Aug 13 2015Brief amici curiae of Common Cause and The Campaign Legal Center, Inc. filed.
Aug 14 2015Brief amicus curiae of Virginia State Conference of the NAACP filed.
Aug 14 2015Brief amicus curiae of Judicial Watch, Inc filed.
Aug 14 2015Brief amici curiae of Professors Joshua A. Douglas and Michael E. Solimine, Election Law Scholars filed.
Sep 9 2015SET FOR ARGUMENT on Wednesday, November 4, 2015
Sep 10 2015Record requested from the U.S.C.A. 4th Circuit.
Sep 18 2015The time to file respondents' brief on the merits is further extended to and including September 25, 2015.
Sep 25 2015Brief of respondents David J. McManus, Jr., Chairman, Maryland State Board of Elections, et al. filed.
Oct 2 2015CIRCULATED
Oct 26 2015Reply of petitioners Stephen M. Shapiro, et al. filed. (Distributed)
Nov 4 2015Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondents: Steven M. Sullivan, Assistant Attorney General, Baltimore, Md.
Dec 8 2015Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court.
Jan 11 2016JUDGMENT ISSUED