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Alexander v. South Carolina State Conference of the NAACP

Docket No. Op. Below Argument Opinion Vote Author Term
22-807 D.S.C. Oct 11, 2023
TBD TBD TBD OT 2023

Issues: (1) Whether the district court erred when it failed to apply the presumption of good faith and to holistically analyze South Carolina Congressional District 1 and the South Carolina General Assembly’s intent; (2) whether the district court erred in failing to enforce the alternative-map requirement in this circumstantial case; (3) whether the district court erred when it failed to disentangle race from politics; (4) whether the district court erred in finding racial predominance when it never analyzed District 1’s compliance with traditional districting principles; (5) whether the district court clearly erred in finding that the General Assembly used a racial target as a proxy for politics when the record showed only that the General Assembly was aware of race, that race and politics are highly correlated, and that the General Assembly drew districts based on election data; and (6) whether the district court erred in upholding the intentional-discrimination claim when it never even considered whether—let alone found that—District 1 has a discriminatory effect.

DateProceedings and Orders (key to color coding)
Feb 17 2023Statement as to jurisdiction filed. (Response due March 29, 2023)
Mar 29 2023Brief amici curiae of Alabama, et al. filed.
Mar 29 2023Brief amicus curiae of National Republican Redistricting Trust filed.
Mar 29 2023Motion to affirm filed by appellees The South Carolina State Conference of the NAACP, et al.
Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
Apr 12 2023Opposition to motion of Senate Appellants, et al. filed. (Distributed)
May 08 2023DISTRIBUTED for Conference of 5/11/2023.
May 15 2023Probable jurisdiction noted.
May 25 2023Motion for an extension of time to file the briefs on the merits filed.
Jun 01 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and appellants' brief on the merits is extended to and including July 7, 2023. The time to file appellees' brief on the merits is extended to and including August 11, 2023.
Jul 07 2023Brief of Appellants filed.
Jul 07 2023Joint appendix filed. (Distributed) (Statement of costs filed)
Jul 14 2023SET FOR ARGUMENT on Wednesday, October 11, 2023.
Jul 14 2023Brief amicus curiae of United States in support of neither party filed.
Jul 14 2023Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
Jul 14 2023Brief amicus curiae of Governor Henry McMaster filed.
Jul 14 2023Brief amici curiae of Nancy Mace, Joe Wilson, Jeff Duncan, William Timmons, Ralph Norman, and Russell Fry filed.
Jul 14 2023Brief amici curiae of State of Alabama, et al. filed.
Jul 14 2023Brief amicus curiae of National Republican Redistricting Trust filed.
Jul 14 2023Brief amicus curiae of Fair Lines America Foundation filed.
Jul 17 2023Record requested from the United States District Court for the District of South Carolina.
Jul 18 2023Complete record on appeal from the United States District Court for the District of South Carolina electronically received and available with the Clerk.
Jul 27 2023CIRCULATED
Aug 11 2023Brief of appellees The South Carolina State Conference of the NAACP, et al. filed.
Aug 11 2023Supplemental Joint appendix filed.(Distributed)
Aug 16 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 18 2023Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Aug 18 2023Brief amici curiae of Political Science Professors filed. (Distributed)
Aug 18 2023Brief amici curiae of Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
Aug 18 2023Brief amici curiae of League of Women Voters of South Carolina, et al. filed. (Distributed)
Aug 18 2023Brief amici curiae of Nicholas O. Stephanopoulos and Jowei Chen filed. (Distributed)
Aug 18 2023Brief amicus curiae of Congressman James E. Clyburn filed. (Distributed)
Aug 18 2023Brief amici curiae of Historians filed. (Distributed)
Sep 01 2023Video exhibits from the United States District Court for the District of South Carolina record electronically received and available with the Clerk.
Sep 11 2023Reply of appellant Senate Appellants filed. (Distributed)
Sep 26 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 11 2023Argued. For appellants: John M. Gore, Washington, D. C. For appellees: Leah C. Aden, New York, N. Y. For United States, as amicus curiae: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C.