Cooper v. Harris

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1262	M.D. N.C.	Dec 5, 2016 Tr.Aud.	May 22, 2017	5-3	Kagan	OT 2016

Holding: (1) North Carolina's victory in a similar state-court lawsuit does not dictate the disposition of this case or alter the applicable standard of review; (2) the district court did not err in concluding that race furnished the predominant rationale for District 1's redesign and that the state's interest in complying with the Voting Rights Act of 1965 could not justify that consideration of race; and (3) the district court also did not clearly err by finding that race predominated in the redrawing of District 12.

Judgment: Affirmed, 5-3, in an opinion by Justice Kagan on May 22, 2017. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part, in which Chief Justice Roberts and Justice Kennedy joined. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Symposium: Bringing sanity to racial-gerrymandering jurisprudence (Anita Earls)
Symposium: The Goldilocks principle of redistricting (Hans von Spakovsky)
Symposium: A recipe for continued confusion and more judicial involvement in redistricting (Andrew Brasher)
Symposium: Court provides clarification of redistricting challenges, but conflict on use of race remains (Kimberly Hermann)
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)
Symposium: The court continues winding down unnecessary racial redistricting (Richard Pildes)
Opinion analysis: Court strikes down N.C. districts in racial gerrymandering challenge (Amy Howe)
Argument analysis: Lots of questions, no easy answers in redistricting cases (Amy Howe)
Argument previews: Racial gerrymandering returns to the court (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 08 2016	Statement as to jurisdiction filed. (Response due May 11, 2016)
May 11 2016	Motion to affirm filed by appellees David Harris and Christine Bowser
May 24 2016	Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
May 31 2016	DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016	DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016	PROBABLE JURISDICTION NOTED.
Jul 06 2016	Record received from U.S.D.C. Middle District of North Carolina (Plaintiffs' Notice of Appeal). The record is electronic.
Aug 03 2016	The time to file the joint appendix and appellants' brief on the merits is extended to and including September 12, 2016.
Sep 12 2016	Brief of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
Sep 12 2016	Joint appendix filed (7 Volumes). (Statement of costs filed.)
Sep 14 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellants.
Sep 16 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellees.
Sep 16 2016	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Oct 12 2016	Brief of appellees David Harris and Christine Bowser filed.
Oct 19 2016	Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.
Oct 19 2016	Brief amicus curiae of Constitutional Accountability Center filed.
Oct 19 2016	Brief amici curiae of Campaign Legal Center, et al. filed.
Oct 19 2016	Brief amicus curiae of United States filed.
Oct 19 2016	Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Oct 19 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21 2016	SET FOR ARGUMENT on Monday, December 5, 2016
Oct 26 2016	CIRCULATED.
Nov 01 2016	Record requested from U.S.D.C. Middle Dist. of North Carolina.
Nov 07 2016	Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 10 2016	Record received from the U.S.D.C. Middle Dist. of North Carolina is electronic.
Nov 14 2016	Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed. (Distributed)
Dec 05 2016	Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees: Mark E. Elias, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 22 2017	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Roberts, C. J., and Kennedy, J., joined. Gorsuch, J., took no part in the consideration or decision of this case.
Jun 26 2017	JUDGMENT ISSUED.

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Cooper v. Harris

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Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents – Ronald Mann

Argument analysis: When is the government not really the government for immunity from tort liability? – Gregory Sisk

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