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Bethune-Hill v. Virginia State Board of Elections

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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

DateProceedings and Orders (key to color coding)
Nov 20 2015Statement as to jurisdiction filed. (Response due December 23, 2015)
Dec 04 2015Waiver of right of appellees Virginia State Board of Elections, et al. to respond filed.
Dec 22 2015Motion to dismiss or affirm filed by appellees Virginia House of Delegates, and Speaker William J. Howell.
Dec 30 2015Reply of appellants Golden Bethune-Hill, et al., Appellants filed.
Jan 06 2016DISTRIBUTED for Conference of January 22, 2016.
Jan 11 2016Record requested from the U.S.D.C. Eastern Dist. of Virginia.
Jan 13 2016Record Requested.
Jan 21 2016Record received from the USDC-Eastern District of Virginia (3 boxes). The remainder of the record is electronic and available on PACER.
Jan 27 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 22 2016Supplemental brief of appellants Golden Bethune-Hill, et al., Appellants filed. (Distributed)
Feb 23 2016Supplemental brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed. (Distributed)
May 23 2016DISTRIBUTED for Conference of May 26, 2016.
May 31 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 06 2016PROBABLE JURISDICTION NOTED.
Jun 23 2016Record from U.S.D.C. Eastern District of Virginia has been returned.
Jun 30 2016The time to file the joint appendix and appellants' brief on the merits is extended to and including September 7, 2016.
Jun 30 2016The time to file appellees' and intervenor-appellees' brief on the merits is extended to and including October 7, 2016.
Sep 07 2016Joint appendix filed. (6 Volumes)
Sep 07 2016Brief of appellants Golden Bethune-Hill, et al. filed.
Sep 09 2016Consent to the filing of amicus curiae briefs in support, of either party or of neither party, received from counsel for Appellants.
Sep 13 2016Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed.
Sep 14 2016Brief amicus curiae of United States supporting vacatur in part and affirmance in part filed.
Sep 14 2016Brief amicus curiae of Constitutional Accountability Center filed.
Sep 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees.
Sep 14 2016Brief amici curiae of NAACP and Virginia NAACP filed.
Sep 14 2016Brief amici curiae of Campaign Legal Center, et al. filed.
Sep 14 2016Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law in support of neither party filed.
Oct 03 2016Extension of time within which to file appellees' and intervenor-appellees' brief on the merits to and including October 17, 2016.
Oct 12 2016Letter 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.
Oct 17 2016Brief of appellees Virginia House of Delegates, and Speaker William J. Howell filed.
Oct 20 2016Brief amici curiae of Southeastern Legal Foundation, and the Center for Equal Opportunity filed.
Oct 21 2016SET FOR ARGUMENT on Monday, December 5, 2016
Oct 21 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 24 2016Brief amici curiae of Political Scientists Thomas L. Brunell, et al. filed. (Distributed)
Oct 24 2016Brief amici curiae of National Black Chamber of Commerce and The Hispanic Leadership Fund filed. (Distributed)
Oct 24 2016Lodging 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.
Oct 26 2016CIRCULATED.
Nov 01 2016Record requested from the U.S.D.C. Eastern Dist. of Virginia.
Nov 04 2016Letter from Appellants opposing National Black Chamber of Commerce and the Hispanic Leadership Fund's proposed lodging.
Nov 04 2016Records 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.
Nov 14 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2016Reply of appellants Golden Bethune-Hill, et al. filed. (Distributed)
Dec 05 2016Argued. 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.
Mar 01 2017Adjudged 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.
Mar 10 2017Application (16A887) to issue the judgment forthwith, submitted to Justice Kennedy.
Mar 14 2017Response Requested by Justice Kennedy due no later than Thursday, March 16, 2017.
Mar 16 2017Response to application from respondent Virginia House of Delegates and Speaker William J. Howell filed.
Mar 20 2017Application (16A887) denied by Justice Kennedy.
Mar 27 2017JUDGMENT ISSUED.