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Allen v. Milligan
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1086 | N.D. Ala. |
Oct 4, 2022 |
Jun 8, 2023 | 5-4 | Roberts | OT 2022 |
Holding: Plaintiffs demonstrated a reasonable likelihood of success on their claim that the districting plan adopted by the state of Alabama for its 2022 congressional elections likely violated Section 2 of the Voting Rights Act.
Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on June 8, 2023. Chief Justice Roberts delivered the opinion of the court, except as to part III-B-1. Justices Sotomayor, Kagan, and Jackson joined the opinion in full, and Justice Kavanaugh joined except for Part III-B-1. Justice Kavanaugh filed an opinion concurring in all but Part III-B-1. Justice Thomas filed a dissenting opinion, in which Justice Gorsuch joined, in which Justices Barrett joined as to Parts II and III, and in which Justice Alito joined as to Parts II-A and II-B. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.
SCOTUSblog Coverage
- Supreme Court upholds Section 2 of Voting Rights Act (Amy Howe, June 8, 2023)
- The court is poised to set jurisprudence on race for generations — and not just in affirmative action (James Romoser, October 30, 2022)
- Conservative justices seem poised to uphold Alabama’s redistricting plan in Voting Rights Act challenge (Amy Howe, October 4, 2022)
- When are majority-Black voting districts required? In Alabama case, the justices will review that question. (Amy Howe, October 2, 2022)
- Cases on Clean Water Act and Voting Rights Act will headline October oral arguments (Amy Howe, June 14, 2022)
- In 5-4 vote, justices reinstate Alabama voting map despite lower court’s ruling that it dilutes Black votes (Amy Howe, February 7, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jan 28 2022 | Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas. |
| Jan 28 2022 | Statement as to jurisdiction filed. (Response due March 9, 2022) |
| Jan 28 2022 | Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022. |
| Jan 31 2022 | Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED. |
| Jan 31 2022 | Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee. |
| Feb 01 2022 | Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust. |
| Feb 01 2022 | Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED. |
| Feb 01 2022 | Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED. |
| Feb 02 2022 | Response to application from respondents Evan Milligan, et al. filed. |
| Feb 02 2022 | Reply of applicants John Merrill, et al. filed. |
| Feb 07 2022 | Application (21A375) referred to the Court. |
| Feb 07 2022 | Application (21A375) granted by the Court. The application is treated as a jurisdictional statement (No. 21-1086), and probable jurisdiction is noted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1530 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion). |
| Feb 22 2022 | This case is consolidated with No. 21-1087, and a total of one hour is allotted for oral argument. The question presented in these cases is: Whether the District Courts in these cases correctly found a violation of section 2 of the Voting Rights Act, 52 U. S. C. §10301. |
| Feb 22 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1086. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1086. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Mar 01 2022 | Joint motion of the parties for an extension of time file the briefs on the merits. VIDED. |
| Mar 04 2022 | Motion to modify or amend the question presented filed by appellees and respondents. VIDED. |
| Mar 08 2022 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix, appellants', and petitioners' briefs on the merits is extended to and including April 25, 2022. The time to file appellees' and respondents' briefs on the merits is extended to and including July 11, 2022. VIDED. |
| Mar 08 2022 | Application (21A493) of appellants/petitioners for leave to file consolidated opening and reply briefs on the merits, submitted to Justice Thomas. VIDED. |
| Mar 08 2022 | Response of appellants and petitioners to the motion to modify or amend the question presented filed. VIDED. |
| Mar 14 2022 | Application (21A493) granted by Justice Thomas for leave to file consolidated opening and reply briefs on the merits provided that the opening brief does not exceed 18,000 words and the reply brief does not exceed 10,000 words. VIDED. |
| Mar 21 2022 | Upon consideration of the motion to modify or amend the question presented, the question presented in these cases is amended as follows: Whether the State of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U. S. C. §10301. VIDED. |
| Mar 30 2022 | Blanket Consent filed by Respondent, Marcus Caster, et al. |
| Mar 30 2022 | Blanket Consent filed by Respondent, Evan Milligan, et al. |
| Mar 31 2022 | Blanket Consent filed by Petitioner, John H. Merrill, Alabama Secretary of State, et al. |
| Apr 25 2022 | Joint appendix filed (three volumes). VIDED. (Statement of costs filed) |
| Apr 25 2022 | Brief of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. |
| Apr 29 2022 | Brief amicus curiae of Public Interest Legal Foundation filed. VIDED. |
| Apr 29 2022 | Brief amici curiae of Senator John Braun, et al. filed. VIDED. |
| Apr 29 2022 | Brief amicus curiae of Alabama Center for Law and Liberty filed. VIDED. |
| May 02 2022 | Brief amicus curiae of American Legislative Exchange Council filed. VIDED. |
| May 02 2022 | Brief amicus curiae of Project on Fair Representation filed. VIDED. |
| May 02 2022 | Brief amicus curiae of The National Republican Redistricting Trust filed. VIDED. |
| May 02 2022 | Brief amici curiae of Citizens United, et al. filed. VIDED. |
| May 02 2022 | Brief amicus curiae of John Wahl, Chairman, Alabama State Republican Executive Committee filed. VIDED. |
| May 02 2022 | Brief amicus curiae of Singleton Plaintiffs in support of neither party filed. VIDED. |
| May 02 2022 | Brief amicus curiae of Lawyers Democracy Fund filed. VIDED. |
| May 02 2022 | Brief amicus curiae of Republican National Committee filed. VIDED. |
| May 02 2022 | Brief amici curiae of The State of Louisiana, et al filed. VIDED. |
| May 02 2022 | Brief amici curiae of United States Representatives from Alabama filed. VIDED. |
| May 02 2022 | Brief amicus curiae of America First Legal filed. VIDED. |
| May 02 2022 | Brief amicus curiae of Coastal Alabama Partnership filed. VIDED. |
| Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED. |
| Jun 22 2022 | Record requested from the U.S.D.C. Northern District of Birmingham, Alabama. |
| Jun 24 2022 | Application of Milligan, et al. (21A869) to file appellees' brief on the merits in excess of the word limit, submitted to Justice Thomas. |
| Jun 24 2022 | Application (21A871) of Caster, et al. to file respondents' brief on the merits in excess of the word limit, submitted to Justice Thomas. |
| Jun 30 2022 | Application (21A869) for leave to file appellees brief on the merits in excess of the word limit granted by Justice Thomas. |
| Jul 01 2022 | Application (21A871) to file respondents' brief on the merits in excess of the word limit granted by Justice Thomas. |
| Jul 11 2022 | Brief of respondents Marcus Caster, et al. filed. VIDED. |
| Jul 11 2022 | Brief of appellees Evan Milligan, et al. filed (in 21-1086). |
| Jul 18 2022 | Brief amicus curiae of American Bar Association filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Bipartisan Group of Senators and Congressional Staff Member-Supporters of the 1982 Voting Rights Act Amendments and 2006 Voting Rights Act Reauthorization filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Alabama Historians filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Professors Jowei Chen, Christopher S. Elmendorf, Nicholas O. Stephanopoulos, and Christopher S. Warshaw filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of Campaign Legal Center filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of The Brennan Center for Justice filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Computational Redistricting Experts filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Republican Former Governors filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of Professor Travis Crum filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Representative Terri Sewell, et al. filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Local Governments filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of District of Columbia, et al. filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of United States filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Voting Rights Practitioners filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of U.W. Clemon, Fred D. Gray, Henry Sanders, the Alabama Legislative Black Caucus, and Social Science Professors filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of UCLA Social Scientists filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. |
| Jul 18 2022 | Brief amicus curiae of National Congress of American Indians filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of The Central Alabama Fair Housing Center, et al. filed. VIDED. (Distributed) |
| Jul 18 2022 | Motion for divided argument filed by appellees and respondents. VIDED. |
| Jul 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED. |
| Jul 18 2022 | Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Distributed) |
| Jul 18 2022 | Brief amici curiae of Press Robinson, et al. filed. (Distributed) |
| Jul 21 2022 | CIRCULATED |
| Jul 22 2022 | Application (22A82) to extend the time to file appellants/petitioners consolidated reply brief on the merits from August 10, 2022 to August 24, 2022, submitted to Justice Thomas. VIDED. |
| Jul 29 2022 | Application (22A82) granted by Justice Thomas extending the time to file appellants'/petitioners' consolidated reply brief on the merits until August 24, 2022. VIDED. |
| Aug 22 2022 | Motion for divided argument filed by appellees and respondents GRANTED. VIDED. |
| Aug 22 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. VIDED. |
| Aug 24 2022 | Reply of appellants/petitioners John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. (Distributed) |
| Oct 04 2022 | Argued. For appellants/petitioners: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala. For appellees: Deuel Ross, Washington, D. C. For respondents: Abha Khanna, Seattle, Wash. For United States, as amicus curiae, supporting appellees/respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| Jan 26 2023 | Notification regarding substitution of party pursuant to S. Ct. R. 35.3 filed. VIDED. |
| Jun 08 2023 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, except as to Part III–B–1. Sotomayor, Kagan, and Jackson, JJ., joined that opinion in full, and Kavanaugh, J., joined except for Part III–B–1. Kavanaugh, J., filed an opinion concurring in all but Part III–B–1. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Barrett, J., joined as to Parts II and III, and in which Alito, J., joined as to Parts II–A and II–B. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED. |
| Jun 12 2023 | The stays heretofore entered by the Court on February 7, 2022, are vacated. See Allen v. Milligan, 599 U. S. ___ (2023). VIDED. |
| Jul 10 2023 | Judgment issued. |
