Rucho v. Common Cause

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
18-422 M.D.N.C. Mar 26, 2019
Tr.Aud. 		Jun 27, 2019 5-4 Roberts OT 2018

Holding: Partisan gerrymandering claims present political questions beyond the reach of the federal courts.

Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 27, 2019. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer and Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 01 2018Statement as to jurisdiction filed. (Response due November 2, 2018)
Oct 23 2018Blanket Consent filed by Respondents, Common Cause, et al..
Oct 30 2018Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Oct 31 2018Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.
Nov 01 2018Brief amicus curiae of Philip P. Kalodner filed.
Nov 02 2018Motion to affirm filed by appellees Common Cause, et al.
Nov 05 2018Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..
Nov 08 2018Supplemental brief of appellees Common Cause, et al. filed.
Nov 20 2018DISTRIBUTED for Conference of 12/7/2018.
Nov 20 2018Brief opposing motion to affirm from appellants Robert A. Rucho, et al. filed. (Distributed)
Dec 10 2018Rescheduled.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 04 2019Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session.
Jan 08 2019Appellants' briefs on the merits are to be filed on or before Friday, February 8, 2019. Appellees' briefs on the merits are to be filed on or before Monday, March 4, 2019. Reply briefs on the merits are to be filed in accordance with Rule 25.3 of the Rules of this Court. Amicus curiae briefs in support of appellants or in support of neither party are to be filed on or before Tuesday, February 12, 2019. Amicus curiae briefs in support of appellees are to be filed on or before Friday, March 8, 2019.
Jan 25 2019SET FOR ARGUMENT on Tuesday, March 26, 2019
Jan 30 2019Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Feb 05 2019Blanket Consent filed by Respondents, Common Cause, et al..
Feb 05 2019Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.
Feb 05 2019Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.
Feb 08 2019Joint appendix (2 volumes) filed. (Statement of costs received)
Feb 08 2019Brief of appellants Robert A. Rucho, et al. filed.
Feb 11 2019Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).
Feb 11 2019Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)
Feb 12 2019Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed. (Distributed)
Feb 12 2019Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)
Feb 12 2019Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
Feb 12 2019Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)
Feb 12 2019Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)
Feb 12 2019Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)
Feb 12 2019Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)
Feb 12 2019Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)
Feb 12 2019Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
Feb 14 2019CIRCULATED
Feb 15 2019Brief amici curiae of States of Texas, et al. filed. (Distributed)
Feb 21 2019Record requested from the U.S.D.C. Middle Dist. of North Carolina.
Feb 21 2019Record from the U.S.C.A 4th Circuit is electronic and located on PACER.
Mar 04 2019Brief of appellees League of Women Voters of North Carolina, et al. filed. (Reprinted version submitted)
Mar 04 2019Brief of appellees League of Women Voters of North Carolina, et al. filed. (March 5, 2019) (Distributed)
Mar 04 2019Brief of appellees Common Cause, et al. filed. (Distributed)
Mar 06 2019Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
Mar 07 2019Brief amicus curiae of First Amendment Clinic Duke Law School filed. (Distributed)
Mar 07 2019Brief amicus curiae of Eric S. Lander filed. (Distributed)
Mar 08 2019Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
Mar 08 2019Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
Mar 08 2019Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-726). (Distributed)
Mar 08 2019Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
Mar 08 2019Brief amici curiae of Professors Wesley Pegden, et al. filed. (Distributed)
Mar 08 2019Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Professors Christopher S. Elmendorf, et al. filed. (Distributed)
Mar 08 2019Brief amicus curiae of Constitutional Accountability Center filed. (also in 18-726) (Distributed)
Mar 08 2019Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
Mar 08 2019Brief amici curiae of States of Oregon, et al. filed. (Distributed)
Mar 08 2019Brief amici curiae of 27 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
Mar 08 2019Brief amicus curiae of the American Jewish Committee filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Political Science Professors filed (also in18-726). (Distributed)
Mar 08 2019Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Democracy North Carolina and The People's Alliance Fund filed. (Distributed)
Mar 08 2019Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Historians filed (also in 18-726). (Distributed)
Mar 08 2019Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-726). (Distributed)
Mar 08 2019Brief amicus curiae of Professor Michael Kang filed (also in 18-726). (Distributed)
Mar 08 2019Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-726). (Distributed)
Mar 11 2019Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
Mar 11 2019Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-726). (Distributed)
Mar 15 2019Joint motion of appellees for enlargement of time for oral argument and for divided argument GRANTED in part, and the time is divided as follows: 35 minutes for appellants, 20 minutes for appellees Common Cause, et al., and 15 minutes for appellees League of Women Voters of North Carolina, et al.
Mar 19 2019Reply of appellants Robert A. Rucho, et al. filed. (Distributed)
Mar 26 2019Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees Common Cause, et al.: Emmet J. Bondurant, II, Atlanta, Ga. For appellees League of Women Voters of North Carolina, et al.: Allison J. Riggs, Durham, N. C.
Jun 27 2019Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. (Decided together with No. 18-726.) VIDED.
Jul 29 2019JUDGMENT ISSUED.
 
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