Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Shelby County v. Holder

Docket No. Op. Below Argument Opinion Vote Author Term
12-96 D.C. Cir. Feb 27, 2013
Tr.Aud.
Jun 25, 2013 5-4 Roberts OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to Representative F. James Sensenbrenner et al., who filed an amicus brief in support of the respondent in this case.

Holding: Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance.

Judgment: Reversed, 5-4, in an opinion by Chief Justice Roberts on June 25, 2013. Justice Thomas filed a concurring opinion. Justice Ginsburg filed a dissenting opinion, in which Justice Breyer, Justice Sotomayor and Justice Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 20 2012Petition for a writ of certiorari filed. (Response due August 23, 2012)
Aug 7 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Aug 8 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 15 2012Order extending time to file response to petition to and including September 24, 2012.
Aug 20 2012Brief amicus curiae of Cato Institute filed. VIDED.
Aug 23 2012Brief amicus curiae of Mountain States Legal Foundation filed.
Aug 23 2012Brief amici curiae of Former Department of Justice Officials filed.
Aug 23 2012Brief amici curiae of Arizona, et al. filed.
Aug 23 2012Brief amicus curiae of Alaska filed.
Aug 23 2012Brief amicus curiae of National Black Chamber of Commerce filed.
Aug 23 2012Brief amici curiae of Pacific Legal Foundation, et al. filed.
Sep 24 2012Brief of respondents Eric H. Holder, Jr., Attorney General in opposition filed.
Sep 24 2012Brief of Respondents-Intervenors in opposition filed.
Oct 9 2012Reply of petitioner Shelby County, Alabama filed. (Distributed)
Oct 10 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 26 2012Record Requested .
Oct 29 2012DISTRIBUTED for Conference of November 2, 2012.
Oct 29 2012Record received from the United States Court of Appeals for the District of Columbia (one box).
Oct 29 2012Record received from the U.S. District Court for the District of Columbia (two boxes).
Nov 5 2012DISTRIBUTED for Conference of November 9, 2012.
Nov 9 2012Petition GRANTED limited to the following Question: Whether Congress’ decision in 2006 to reauthorize Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act exceeded its authority under the Fourteenth and Fifteenth Amendments and thus violated the Tenth Amendment and Article IV of the United States Constitution.
Nov 15 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Nov 21 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 30 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel on behalf of all respondents-intervenors.
Dec 18 2012SET FOR ARGUMENT ON Wednesday, February 27, 2013
Dec 26 2012Joint appendix filed. (Statement of costs filed.)
Dec 26 2012Brief of petitioner Shelby County, Alabama filed.
Dec 27 2012Brief amici curiae of John Nix, et al. filed.
Dec 28 2012Brief amicus curiae of Judicial Education Project filed.
Dec 28 2012Brief amicus curiae of Justice and Freedom Fund filed.
Dec 28 2012Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 2 2013Brief amicus curiae of Southeastern Legal Foundation filed.
Jan 2 2013Brief amicus curiae of National Black Chamber of Commerce filed.
Jan 2 2013Brief amici curiae of Arizona, et al. filed.
Jan 2 2013Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jan 2 2013Brief amicus curiae of Landmark Legal Foundation filed.
Jan 2 2013Brief amici curiae of Former Government Officials filed. (Distributed)
Jan 2 2013Brief amicus curiae of Reason Foundation filed. (Distributed)
Jan 2 2013Brief amici curiae of Abraham Lincoln Foundation for Public Policy Research, Inc., et al. filed. (Distributed)
Jan 2 2013Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
Jan 2 2013Brief amicus curiae of Cato Institute filed. (Distributed)
Jan 2 2013Brief amicus curiae of Texas filed. (Distributed)
Jan 2 2013Brief amicus curiae of Project 21 filed. (Distributed)
Jan 2 2013Brief amicus curiae of Alabama filed. (Distributed)
Jan 2 2013Brief amicus curiae of Merced County, California, in support of no party filed. (Distributed)
Jan 2 2013Brief amicus curiae of Alaska filed. (Distributed)
Jan 2 2013Brief amicus curiae of American Unity Legal Defense Fund filed.
Jan 2 2013Request from counsel for amicus curiae Merced County to lodge non-record materials cited in its brief.
Jan 4 2013CIRCULATED.
Jan 23 2013Brief amici curiae of Professor Broussard, Named Students, and Organizations filed.
Jan 25 2013Brief of respondent-intervenors Earl Cunningham, et al. filed. (Distributed)
Jan 25 2013Brief of respondent Eric H. Holder, Jr., Attorney General filed. (Distributed)
Jan 25 2013Brief of respondent Respondent-Intervenor Bobby Lee Harris filed. (Distributed)
Jan 25 2013Brief of respondents Respondent-Intervenors Bobby Pierson, et al. filed. (Distributed)
Jan 29 2013Record received from the U.S.C.A. for the District of Columbia Circuit. (1 Box)
Jan 30 2013Motion for divided argument filed by respondents Bobby Pierson, et al.
Jan 31 2013Brief amicus curiae of National Bar Association filed. (Distributed)
Jan 31 2013Brief amicus curiae of Hon. Congressman John Lewis filed. (Distributed)
Feb 1 2013Brief amici curiae of Reps. F. James Sensenbrenner, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Dick Thornburgh, et al. filed. (Distributed)
Feb 1 2013Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. (Distributed)
Feb 1 2013Brief amicus curiae of Senate Majority Leader Harry M. Reid filed. (Distributed)
Feb 1 2013Brief amicus curiae of Veterans of the Mississippi Civil Rights Movement, Inc. filed. (Distributed)
Feb 1 2013Brief amici curiae of Gabriel Chin, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Constitutional Law Scholars, and Constitutional Accountability Center filed. (Distributed)
Feb 1 2013Brief amici curiae of Professors Richard L. Engstrom, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of The Leadership Conference on Civil and Human Rights and The Leadership Conference Education Fund, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Marcia L. Fudge, member of Congress and Chair of the Congressional Black Caucus, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Political Science and Law professors filed. (Distributed)
Feb 1 2013Brief amici curiae of Jurisdictions that have bailed out filed. (Distributed)
Feb 1 2013Brief amicus curiae of National Lawyers Guild filed. (Distributed)
Feb 1 2013Brief amicus curiae of American Bar Association filed. (Distributed)
Feb 1 2013Brief amici curiae of National Latino Organizations filed. (Distributed)
Feb 1 2013Brief amici curiae of Section 5 litigation intervenors filed. (Distributed)
Feb 1 2013Brief amici curiae of Alabama legislative black caucus and Alabama Association of Black County Officials filed. (Distributed)
Feb 1 2013Brief amici curiae of New York, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Senator C. Bradley Hutto, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Navajo Nation, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Joaquin Avila, et al. filed. (Distributed)
Feb 1 2013Brief amici curiae of Asian American public interest groups filed. (Distributed)
Feb 1 2013Brief amici curiae of Historians and Social Scientists filed. (Distributed)
Feb 1 2013Brief amici curiae of Ellen D. Katz and the Voting Rights Initiative filed. (Distributed)
Feb 1 2013Brief amici curiae of Alaska Federation of Natives, Alaska Native Voters and Tribes filed. (Distributed)
Feb 1 2013Brief amici curiae of City of New York, et al. filed. (Distributed).
Feb 15 2013Motion for divided argument filed by respondents Bobby Pierson, et al. GRANTED.
Feb 19 2013Reply of petitioner Shelby County, Alabama filed. (Distributed)
Feb 27 2013Argued. For petitioner: Bert W. Rein, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents Bobby Pierson, et al.: Debo P. Adegbile, New York, N. Y.
Jun 25 2013Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
Jul 29 2013JUDGMENT ISSUED.
 
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