Alabama Legislative Black Caucus v. Alabama

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Alabama Democratic Conference v. Alabama

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-895	M.D. Ala.	Nov 12, 2014 Tr.Aud.	Mar 25, 2015	5-4	Breyer	OT 2014

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the petitioners in this case.

Holding: The district court’s analysis of the racial gerrymandering claim as referring to the state “as a whole,” rather than district by district, was legally erroneous; the district court also erred in holding that the Alabama Democratic Conference lacked standing. Moreover, the district court did not properly calculate “predominance” in its alternative holding that race was not the predominant motivating factor in the creation of any of the challenged districts. Finally, the district court’s other alternative holding – that the challenged districts would satisfy strict scrutiny – rests on a misperception of the law: Section 5 of the Voting Rights Act does not require a covered jurisdiction to maintain a particular numerical minority percentage. Instead, it requires the jurisdiction to maintain a minority’s ability to elect a preferred candidate of choice.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on March 25, 2015. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, and Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: A small victory for minority voters, or a case with “profound” constitutional implications? (Richard Hasen)
Argument analysis: Hitting the “sweet spot” on race, party, and redistricting? (Richard Hasen)
Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act (Richard Hasen)
Petitions of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Jan 23 2014	Statement as to jurisdiction filed. (Response due February 26, 2014)
Jan 23 2014	Appendix of Alabama Legislative Black Caucus, et al. filed.
Feb 4 2014	Order extending time to file response to statement as to jurisdiction to and including March 28, 2014.
Mar 24 2014	Order further extending time to file response to petition to and including April 21, 2014.
Apr 21 2014	Motion to dismiss or affirm filed by appellees Alabama, et al.
May 2 2014	Reply of appellants Alabama Legislative Black Caucus, et al. filed.
May 6 2014	DISTRIBUTED for Conference of May 22, 2014.
May 27 2014	DISTRIBUTED for Conference of May 29, 2014.
Jun 2 2014	PROBABLE JURISDICTION NOTED limited to Question 2 presented by the statement as to jurisdiction. Probable jurisdiction is noted in No. 13-1138 limited to Question 1 presented by the statement as to jurisdiction. The cases are consolidated and a total of one hour is allotted for oral argument.
Jul 10 2014	Consent to the filing of amicus curiae briefs in support of either party or of neither party, received from counsel for the appellees.
Jul 22 2014	The time to file the joint appendix and appellants' briefs on the merits is extended to and including August 13, 2014.
Jul 22 2014	The time to file appellees' briefs on the merits is extended to and including October 9, 2014.
Aug 13 2014	Brief of appellants Alabama Legislative Black Caucus, et al. filed.
Aug 13 2014	Joint appendix filed. VIDED. (Statement of costs filed)
Aug 15 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellants.
Aug 20 2014	Brief amicus curiae of the United States in support of neither party filed. VIDED.
Aug 20 2014	Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law in support of neither party filed. VIDED.
Aug 20 2014	Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED.
Aug 20 2014	Brief amici curiae of North Carolina Litigants filed. VIDED.
Aug 20 2014	Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. VIDED.
Sep 4 2014	SET FOR ARGUMENT on Wednesday, November 12, 2014. VIDED.
Sep 8 2014	Record requested from U.S.D.C. for Middle District of Alabama.
Sep 9 2014	The Record received from U.S.D.C. for Middle District of Alabama is electronic and located on PACER.
Sep 19 2014	CIRCULATED
Sep 24 2014	Application (14A335) to file a consolidated appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas. VIDED
Sep 29 2014	Application (14A335) granted by Justice Thomas to file a consolidated appellees' brief on the merits in excess of the word limit provided that the brief does not exceed 22,500 words.
Oct 9 2014	Brief of appellees Alabama, et al. filed. VIDED. (Distributed)
Oct 15 2014	Motion for divided argument filed by appellants. VIDED.
Oct 15 2014	Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed. VIDED.
Oct 16 2014	Brief amici curiae of Speaker of the Alabama House of Representatives and President Pro Tempore of the Alabama Senate filed. VIDED. (Distributed)
Oct 16 2014	Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED. (Distributed)
Oct 16 2014	Brief amicus curiae of Dalton J. Oldham filed. VIDED. (Distributed)
Oct 27 2014	Reply of appellants Alabama Legislative Black Caucus, et al. filed. (Distributed)
Oct 30 2014	Proposal of counsel for the appellees to lodge copies of the complaint in Figgs, et al. v. Quitman County, et al. VIDED
Oct 31 2014	Motion for divided argument filed by appellants GRANTED.
Oct 31 2014	Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument GRANTED and the time is to be divided as follows: 30 minutes for appellants, 30 minutes for appellees, and 10 minutes for the Solicitor General as amicus curiae. VIDED
Nov 12 2014	Argued. For appellants in 13-895: Eric Schnapper, Seattle, Wash. For appellants in 13-1138: Richard Pildes, New York, N. Y. For United States, as amicus curiae: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For appellees: Andrew L. Brasher, Solicitor General, Montgomery, Ala.
Jan 30 2015	Motion to file a supplemental brief after argument filed by appellants Alabama Legislative Black Caucus, et al. (Distributed)
Feb 23 2015	Motion to file a supplemental brief after argument filed by appellants GRANTED.
Feb 26 2015	Motion to file a supplemental brief after argument filed by appellees Alabama, et al. (Distributed)
Mar 9 2015	Motion to file a supplemental brief after argument filed by respondent GRANTED.
Mar 25 2015	Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion.
Apr 27 2015	JUDGMENT ISSUED

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Alabama Legislative Black Caucus v. Alabama

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