Abbott v. Perez

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Abbott v. Perez

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Abbott v. Perez

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-586	W.D. Tex.	Apr 24, 2018 Tr.Aud.	Jun 25, 2018	5-4	Alito	OT 2017

Holding: The district court disregarded the presumption of legislative good faith and improperly reversed the burden of proof when it required the state to show a lack of discriminatory intent in adopting new districting plans; one of the challenged state house districts is an impermissible racial gerrymander.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on June 25, 2018. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Sotomayor filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Kagan joined.

A "view" from the courtroom: Wait, wait … there’s more (Mark Walsh)
Opinion analysis: Texas scores near-complete victory on redistricting (Amy Howe)
Argument analysis: Redistricting again divides justices (Amy Howe)
Argument preview: Texas redistricting battles return to the court (Amy Howe)
Court bulks up this term’s docket (UPDATED) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Oct 17 2017	Statement as to jurisdiction filed. (Response due November 20, 2017)
Oct 17 2017	Appendix of Greg Abbott, Governor of Texas, et al. filed.
Nov 20 2017	Motion to dismiss or affirm and supplemental appendix filed by appellees Eddie Rodriguez, et al.
Nov 20 2017	Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed.
Dec 04 2017	Reply of appellants Greg Abbott, Governor of Texas, et al. filed.
Dec 20 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018	DISTRIBUTED for Conference of 1/12/2018.
Jan 12 2018	Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. Further consideration of the question of jurisdiction in No. 17-626 is postponed to the hearing of the case on the merits. The cases are consolidated and a total of one hour is allotted for oral argument.
Jan 12 2018	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-586. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-586. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jan 30 2018	Joint motion for divided argument and enlargement of time for oral argument filed by appellees. VIDED
Jan 31 2018	Joint Blanket Consent filed by appellees, Shannon Perez, et al., and appellees, Mexican American Legislative Caucus, filed. VIDED
Feb 01 2018	Blanket Consent filed by appellants, Greg Abbott, Governor of Texas, et al. VIDED
Feb 02 2018	Application (17A825) for leave to file appellants' brief on the merits and the reply brief on the merits in excess of the word limits, submitted to Justice Alito. VIDED
Feb 06 2018	Application (17A825) granted by Justice Alito for leave to file appellants' brief on the merits and the reply brief on the merits in excess of the word limits. VIDED
Feb 23 2018	SET FOR ARGUMENT on Tuesday, April 24, 2018. VIDED
Feb 26 2018	Joint appendix filed. VIDED
Feb 26 2018	Brief of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED.
Feb 26 2018	Brief of appellee United States in support of appellants filed. VIDED.
Mar 05 2018	Brief amici curiae of States of Louisiana, Alabama, Michigan, Missouri, Ohio, South Carolina, and Wisconsin filed. VIDED. (Distributed)
Mar 07 2018	CIRCULATED
Mar 23 2018	Motion for divided argument filed by the Solicitor General. VIDED.
Mar 28 2018	Brief of appellees Perez, et al. (State House Districts) filed (No. 17-626). (Distributed)
Mar 28 2018	Brief of appellees Perez, et al. (Congressional Districts) filed (No. 17-586). (Distributed)
Apr 04 2018	Brief amici curiae of Common Cause and The Voting Rights Institute filed. VIDED. (Distributed)
Apr 04 2018	Brief amici curiae of Campaign Legal Center; Lawyers' Committee for Civil Rights Under Law; NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
Apr 13 2018	Motion of the Solicitor General for divided argument and the motion of appellees for enlargement of time for oral argument and for divided argument are granted, and the time is divided as follows: 25 minutes for appellants, 10 minutes for the Solicitor General in support of appellants, 15 minutes for appellees in No. 17-586, and 20 minutes for appellees in No. 17-626.
Apr 17 2018	Reply of appellee United States in support of appellants filed. VIDED. (Distributed)
Apr 17 2018	Reply of appellants Greg Abbott, Governor of Texas, et al. filed. VIDED. (Distributed)
Apr 24 2018	Argued. For appellants: Scott A. Keller, Solicitor General of Texas, Austin, Tex. For appellee United States in support of appellants: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For appellees in 17-586: Max Renea Hicks, Austin, Tex. For appellees in 17-626: Allison J. Riggs, Durham, N. C. VIDED
Jun 25 2018	Judgment REVERSED, and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Kagan, JJ., joined. VIDED. (No. 17-626, Judgment REVERSED IN PART, AFFIRMED IN PART, and case REMANDED).
Jul 27 2018	JUDGMENT ISSUED.

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Opinion analysis: Justices allow "peace cross" to stand – Amy Howe

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Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
More Petitions »
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Cases argued 69

Cases decided 53

Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

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