Bethune-Hill v. Virginia State Board of Elections
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-680 | E.D. Va. | Dec 5, 2016 | Mar 1, 2017 | 7-1 | Kennedy | OT 2016 |
Holding: (1) The district court employed an incorrect legal standard in determining that race did not predominate in 11 of 12 new state legislative districts drawn by the Virginia State Legislature after the 2010 census; and (2) the district court's judgment regarding District 75 -- that the legislature had good reason to believe that a 55 percent target for black voting-age population was necessary to avoid diminishing the ability of black voters to elect their preferred candidates, which at the time would have violated Section 5 of the Voting Rights Act of 1965 -- is consistent with the basic narrow tailoring analysis explained in Alabama Legislative Black Caucus v. Alabama.
Judgment: Affirmed in part, vacated in part, and remanded, 7-1, in an opinion by Justice Kennedy on March 1, 2017. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part.
SCOTUSblog Coverage
- Symposium: Court provides clarification of redistricting challenges, but conflict on use of race remains (Kimberly Hermann, May 23, 2017)
- Symposium: A recipe for continued confusion and more judicial involvement in redistricting (Andrew Brasher, May 23, 2017)
- Symposium: The Goldilocks principle of redistricting (Hans von Spakovsky, May 23, 2017)
- Symposium: Bringing sanity to racial-gerrymandering jurisprudence (Anita Earls, May 23, 2017)
- Symposium: Court clarifies review of racial gerrymandering, but does not impose strict scrutiny on every intentional creation of a majority-minority district (Kristen Clarke and Ezra Rosenberg, May 23, 2017)
- Symposium: The court continues winding down unnecessary racial redistricting (Richard Pildes, May 22, 2017)
- Opinion analysis: Court sends majority-minority districts back for another look in Virginia gerrymandering case (Amy Howe, March 1, 2017)
- Argument analysis: Lots of questions, no easy answers in redistricting cases (Amy Howe, December 6, 2016)
- Argument previews: Racial gerrymandering returns to the court (Amy Howe, November 30, 2016)
- Court reopens race and death penalty issues (Lyle Denniston, June 6, 2016)
| Date | Proceedings and Orders |
|---|---|
| 11/20/2015 | Statement as to jurisdiction filed. (Response due December 23, 2015) |
| 12/04/2015 | Waiver of right of appellees Virginia State Board of Elections, et al. to respond filed. |
| 12/22/2015 | Motion to dismiss or affirm filed by appellees Virginia House of Delegates, and Speaker William J. Howell. |
| 12/30/2015 | Reply of appellants Golden Bethune-Hill, et al., Appellants filed. |
| 01/06/2016 | DISTRIBUTED for Conference of January 22, 2016. |
| 01/11/2016 | Record requested from the U.S.D.C. Eastern Dist. of Virginia. |
| 01/13/2016 | Record Requested. |
| 01/21/2016 | Record received from the USDC-Eastern District of Virginia (3 boxes). The remainder of the record is electronic and available on PACER. |
| 01/27/2016 | DISTRIBUTED for Conference of February 19, 2016. |
| 02/22/2016 | Supplemental brief of appellants Golden Bethune-Hill, et al., Appellants filed. (Distributed) |
| 02/23/2016 | Supplemental brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed. (Distributed) |
| 05/23/2016 | DISTRIBUTED for Conference of May 26, 2016. |
| 05/31/2016 | DISTRIBUTED for Conference of June 2, 2016. |
| 06/06/2016 | PROBABLE JURISDICTION NOTED. |
| 06/23/2016 | Record from U.S.D.C. Eastern District of Virginia has been returned. |
| 06/30/2016 | The time to file the joint appendix and appellants' brief on the merits is extended to and including September 7, 2016. |
| 06/30/2016 | The time to file appellees' and intervenor-appellees' brief on the merits is extended to and including October 7, 2016. |
| 09/07/2016 | Joint appendix filed. (6 Volumes) |
| 09/07/2016 | Brief of appellants Golden Bethune-Hill, et al. filed. |
| 09/09/2016 | Consent to the filing of amicus curiae briefs in support, of either party or of neither party, received from counsel for Appellants. |
| 09/13/2016 | Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed. |
| 09/14/2016 | Brief amicus curiae of United States supporting vacatur in part and affirmance in part filed. |
| 09/14/2016 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 09/14/2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees. |
| 09/14/2016 | Brief amici curiae of NAACP and Virginia NAACP filed. |
| 09/14/2016 | Brief amici curiae of Campaign Legal Center, et al. filed. |
| 09/14/2016 | Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law in support of neither party filed. |
| 10/03/2016 | Extension of time within which to file appellees' and intervenor-appellees' brief on the merits to and including October 17, 2016. |
| 10/12/2016 | Letter from counsel for Defendants-Appellees, Virginia State Board of Elections, et al., notifying the Clerk they will not file a separate brief on the merits. |
| 10/17/2016 | Brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed. |
| 10/20/2016 | Brief amici curiae of Southeastern Legal Foundation, and the Center for Equal Opportunity filed. |
| 10/21/2016 | SET FOR ARGUMENT on Monday, December 5, 2016 |
| 10/21/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/24/2016 | Brief amici curiae of Political Scientists Thomas L. Brunell, et al. filed. (Distributed) |
| 10/24/2016 | Brief amici curiae of National Black Chamber of Commerce and The Hispanic Leadership Fund filed. (Distributed) |
| 10/24/2016 | Lodging proposal from amici National Black Chamber of Commerce and the Hispanic Leadership Fund to lodge copies of a report (the "Lowen Report"), excerpts of which are include in the appendix to their amici brief. |
| 10/26/2016 | CIRCULATED. |
| 11/01/2016 | Record requested from the U.S.D.C. Eastern Dist. of Virginia. |
| 11/04/2016 | Letter from Appellants opposing National Black Chamber of Commerce and the Hispanic Leadership Fund's proposed lodging. |
| 11/04/2016 | Records received from the U.S.D.C. Eastern Dist. of Virginia is electronic and located on PACER. Also received are 3 boxes of Trial Exhibits. |
| 11/14/2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/16/2016 | Reply of appellants Golden Bethune-Hill, et al. filed. (Distributed) |
| 12/05/2016 | Argued. For appellants: Mark E. Elias, Washington, D. C. For United States, as amicus curiae: Irv Gornstein, Counselor to the Solicitor General, Department of Justice, Washington, D. C. For appellees: Paul D. Clement, Washington, D. C. |
| 03/01/2017 | Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part. |
| 03/10/2017 | Application (16A887) to issue the judgment forthwith, submitted to Justice Kennedy. |
| 03/14/2017 | Response Requested by Justice Kennedy due no later than Thursday, March 16, 2017. |
| 03/16/2017 | Response to application from respondent Virginia House of Delegates and Speaker William J. Howell filed. |
| 03/20/2017 | Application (16A887) denied by Justice Kennedy. |
| 03/27/2017 | JUDGMENT ISSUED. |