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Arizona State Legislature v. Arizona Independent Redistricting Commission

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1314 D. Ariz. Mar 2, 2015 Jun 29, 2015 5-4 Ginsburg OT 2014

Holding: The Elections Clause and 2 U.S.C. § 2a(c) permit Arizona’s use of an independent commission to adopt congressional districts.

Judgment: Affirmed, 5-4, in an opinion by Justice Ginsburg on June 29, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 28 2014Statement as to jurisdiction filed. (Response due May 30, 2014)
May 6 2014Waiver of right of appellee Arizona Secretary of State Ken Bennett to respond filed.
May 8 2014Order extending time to file response to petition to and including June 30, 2014.
Jun 30 2014Motion to dismiss or affirm filed by appellee Arizona Independent Redistricting Commission and Commissioners.
Jul 14 2014Reply of appellant Arizona State Legislature, Appellant filed.
Jul 16 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits limited to the following questions: 1) Do the Elections Clause of the United States Constitution and 2 U. S. C. §2a(c) permit Arizona’s use of a commission to adopt congressional districts? 2) Does the Arizona Legislature have standing to bring this suit?
Nov 7 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellant.
Nov 14 2014The time to file the joint appendix and appellant's brief on the merits is extended to and including December 2, 2014.
Nov 14 2014The time to file appellees' brief on the merits is extended to and including January 16, 2015.
Dec 2 2014Brief of appellant Arizona State Legislature filed.
Dec 2 2014Joint appendix filed. (Statement of costs filed.)
Dec 9 2014Brief amicus curiae of National Conference of State Legislatures filed.
Dec 9 2014Brief amicus curiae of Coolidge-Reagan Foundation filed.
Dec 22 2014SET FOR ARGUMENT ON Monday, March 2, 2015
Dec 22 2014Record requested from U.S.D.C. Dist. of Arizona.
Dec 23 2014Record from U.S.D.C. Dist. of Arizona is electronic and located on PACER.
Jan 5 2015Application (14A722) to extend the time to file a reply brief from February 17, 2015 to February 23, 2015, submitted to Justice Kennedy.
Jan 7 2015CIRCULATED.
Jan 7 2015Application (14A722) denied by Justice Kennedy.
Jan 13 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees the Arizona Independent Redistricting Commission, et al.
Jan 15 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellee Arizona Secretary of State.
Jan 16 2015Brief of appellees Arizona Independent Redistricting Commission, et al. filed. (Distributed)
Jan 22 2015Brief amici curiae of Nathaniel Persily, et al. filed. (Distributed)
Jan 23 2015Brief amicus curiae of the United States filed. (Distributed)
Jan 23 2015Brief amici curiae of Thomas Mann, and Norman Ornstein filed. (Distributed)
Jan 23 2015Brief amici curiae of State and Local Elected Officials filed. (Distributed)
Jan 23 2015Brief amici curiae of Former Gov. Jim Edgar, et al. filed. (Distributed)
Jan 23 2015Brief amici curiae of Former California Governors George Deukmejian, et al. filed. (Distributed)
Jan 23 2015Brief amici curiae of Scholars and Historians of Congressional Redistricting filed. (Distributed)
Jan 23 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23 2015Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed)
Jan 23 2015Brief amici curiae of Jack Rakove, et al. filed. (Distributed)
Jan 23 2015Brief amici curiae of The States of Washington, et al. filed. (Distributed)
Jan 23 2015Brief amicus curiae of California Citizens Redistricting Commission filed. (Distributed)
Jan 23 2015Brief amici curiae of Members of Congress filed. (Distributed)
Jan 23 2015Brief amici curiae of League of Women Voters of Arizona, et al. filed. (Distributed)
Jan 23 2015Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)
Feb 17 2015Reply of appellant Arizona State Legislature filed. (Distributed)
Feb 20 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 2 2015Argued. For appellant: Paul D. Clement, Washington, D. C. For appellees: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae); and Seth P. Waxman, Washington, D. C.
Jun 29 2015Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.
Jul 31 2015JUDGMENT ISSUED.