Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Rucho v. Common Cause

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

Issues: (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.

SCOTUSblog Coverage

Argument analysis: Justices divided and hard to read on partisan gerrymandering (Amy Howe)
Argument preview: Justices to tackle partisan gerrymandering … again (Amy Howe)
Symposium: Clarity of the record should bring clarity of purpose (Justin Levitt)
Symposium: 1 First Street, NE, Punxsutawney, PA (Tyler Green)
Symposium: Precedent dictates a win for the plaintiffs in this term’s partisan-gerrymandering cases (Guy-Uriel E. Charles and Luis E. Fuentes-Rohwer)
Symposium: Much ado about partisan gerrymandering (Kaylan Phillips)
Symposium: How to win the partisan-gerrymandering cases (Daniel Tokaji)
Symposium: Why not continue the political struggle in partisan-gerrymandering cases? (Derek Muller)
Justices to tackle partisan gerrymandering ... again: In Plain English (Amy Howe)
Supreme Court to tackle partisan gerrymandering again (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Oct 01 2018	Statement as to jurisdiction filed. (Response due November 2, 2018)
Oct 23 2018	Blanket Consent filed by Respondents, Common Cause, et al..
Oct 30 2018	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Oct 31 2018	Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.
Nov 01 2018	Brief amicus curiae of Philip P. Kalodner filed.
Nov 02 2018	Motion to affirm filed by appellees Common Cause, et al.
Nov 05 2018	Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..
Nov 08 2018	Supplemental brief of appellees Common Cause, et al. filed.
Nov 20 2018	DISTRIBUTED for Conference of 12/7/2018.
Nov 20 2018	Brief opposing motion to affirm from appellants Robert A. Rucho, et al. filed. (Distributed)
Dec 10 2018	Rescheduled.
Dec 19 2018	DISTRIBUTED for Conference of 1/4/2019.
Jan 04 2019	Further 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 2019	Appellants' 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 2019	SET FOR ARGUMENT on Tuesday, March 26, 2019
Jan 30 2019	Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
Feb 05 2019	Blanket Consent filed by Respondents, Common Cause, et al..
Feb 05 2019	Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.
Feb 05 2019	Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.
Feb 08 2019	Joint appendix (2 volumes) filed.
Feb 08 2019	Brief of appellants Robert A. Rucho, et al. filed.
Feb 11 2019	Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).
Feb 11 2019	Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)
Feb 12 2019	Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed. (Distributed)
Feb 12 2019	Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
Feb 12 2019	Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)
Feb 12 2019	Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)
Feb 12 2019	Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)
Feb 12 2019	Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)
Feb 12 2019	Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
Feb 14 2019	CIRCULATED
Feb 15 2019	Brief amici curiae of States of Texas, et al. filed. (Distributed)
Feb 21 2019	Record requested from the U.S.D.C. Middle Dist. of North Carolina.
Feb 21 2019	Record from the U.S.C.A 4th Circuit is electronic and located on PACER.
Mar 04 2019	Brief of appellees League of Women Voters of North Carolina, et al. filed. (Reprinted version submitted)
Mar 04 2019	Brief of appellees League of Women Voters of North Carolina, et al. filed. (March 5, 2019) (Distributed)
Mar 04 2019	Brief of appellees Common Cause, et al. filed. (Distributed)
Mar 06 2019	Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
Mar 07 2019	Brief amicus curiae of First Amendment Clinic Duke Law School filed. (Distributed)
Mar 07 2019	Brief amicus curiae of Eric S. Lander filed. (Distributed)
Mar 08 2019	Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
Mar 08 2019	Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
Mar 08 2019	Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-726). (Distributed)
Mar 08 2019	Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
Mar 08 2019	Brief amici curiae of Professors Wesley Pegden, et al. filed. (Distributed)
Mar 08 2019	Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Professors Christopher S. Elmendorf, et al. filed. (Distributed)
Mar 08 2019	Brief amicus curiae of Constitutional Accountability Center filed. (also in 18-726) (Distributed)
Mar 08 2019	Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
Mar 08 2019	Brief amici curiae of States of Oregon, et al. filed. (Distributed)
Mar 08 2019	Brief amici curiae of 27 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
Mar 08 2019	Brief amicus curiae of the American Jewish Committee filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Political Science Professors filed (also in18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Democracy North Carolina and The People's Alliance Fund filed. (Distributed)
Mar 08 2019	Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Historians filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amicus curiae of Professor Michael Kang filed (also in 18-726). (Distributed)
Mar 08 2019	Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-726). (Distributed)
Mar 11 2019	Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
Mar 11 2019	Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-726). (Distributed)
Mar 15 2019	Joint 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 2019	Reply of appellants Robert A. Rucho, et al. filed. (Distributed)
Mar 26 2019	Argued. 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.

Featured Posts

Justices allow Texas execution to go forward – Amy Howe

Reschedule Watch Returns – John Elwood

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
On Tuesday, the justices dismissed Emulex Corp. v. Varjabedian as improvidently granted.
On Wednesday, the justices released their opinion in Lamps Plus Inc. v. Varela.
On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions relisted for this conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Lamps Plus Inc. v. Varela Under the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
see all this term’s cases »
Current Relists
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- City of Newport Beach, California v. Vos (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.
- Dahne v. Richey Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Apr. 2019

Su	Mo	Tu	We	Th	Fr	Sa
	1 Orders Opinions	2	3	4	5	6
7	8	9	10	11	12 Conference	13
14	15 Orders IANCU V. BRUNETTI (18-302) EMULEX CORP. V. VARJABEDIAN (18-459)	16 PARKER DRILLING MANAGEMENT SERVICES V. NEWTON (18-389) NORTH CAROLINA DEPARTMENT OF REVENUE V. KAESTNER FAMILY TRUST (18-457)	17 UNITED STATES V. DAVIS (18-431) MCDONOUGH V. SMITH (18-485)	18 Conference	19	20
21	22 Orders FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA (18-481) FORT BEND COUNTY, TEXAS V. DAVIS (18-525)	23 MITCHELL V. WISCONSIN (18-6210) REHAIF V. UNITED STATES (17-9560) DEPARTMENT OF COMMERCE V. NEW YORK (18-966) Opinions	24 QUARLES V. UNITED STATES (17-778) TAGGART V. LORENZEN (18-489) Opinions	25	26 Conference	27
28	29 Orders	30

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Download our App in the Apple Store
Videos see all

Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

Rucho v. Common Cause

SCOTUSblog Coverage

Featured Posts

Justices allow Texas execution to go forward – Amy Howe

Reschedule Watch Returns – John Elwood

Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Conference of April 26, 2019

Recent Special Features

Live Blog Archives

Apr. 2019

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award