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Arizona State Legislature v. Arizona Independent Redistricting Commission

Docket No.13-1314
Op. BelowD. Ariz.
ArgumentMar 2, 2015

Holding

The Elections Clause and 2 U.S.C. § 2a(c) permit Arizona"s use of an independent commission to adopt congressional districts.

Judgment

Affirmed, 5-4, in an opinion by Ruth Bader Ginsburg on Jun 29, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.

Proceedings & orders timeline

Apr 28, 2014
Statement as to jurisdiction filed. (Response due May 30, 2014)
May 6, 2014
Waiver of right of appellee Arizona Secretary of State Ken Bennett to respond filed.
May 8, 2014
Order extending time to file response to petition to and including June 30, 2014.
Jun 30, 2014
Motion to dismiss or affirm filed by appellee Arizona Independent Redistricting Commission and Commissioners.
Jul 14, 2014
Reply of appellant Arizona State Legislature, Appellant filed.
Jul 16, 2014
DISTRIBUTED for Conference of September 29, 2014.
Oct 2, 2014
Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits limited to the following questions: 1) Do the Elections Clause of the United States Constitution and 2 U. S. C. "2a(c) permit Arizona?s use of a commission to adopt congressional districts? 2) Does the Arizona Legislature have standing to bring this suit?
Nov 7, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellant.
Nov 14, 2014
The time to file the joint appendix and appellant's brief on the merits is extended to and including December 2, 2014.
Nov 14, 2014
The time to file appellees' brief on the merits is extended to and including January 16, 2015.
Dec 2, 2014
Brief of appellant Arizona State Legislature filed.
Dec 2, 2014
Joint appendix filed. (Statement of costs filed.)
Dec 9, 2014
Brief amicus curiae of National Conference of State Legislatures filed.
Dec 9, 2014
Brief amicus curiae of Coolidge-Reagan Foundation filed.
Dec 22, 2014
SET FOR ARGUMENT ON Monday, March 2, 2015
Dec 22, 2014
Record requested from U.S.D.C. Dist. of Arizona.
Dec 23, 2014
Record from U.S.D.C. Dist. of Arizona is electronic and located on PACER.
Jan 5, 2015
Application (14A722) to extend the time to file a reply brief from February 17, 2015 to February 23, 2015, submitted to Justice Kennedy.
Jan 7, 2015
CIRCULATED.
Jan 7, 2015
Application (14A722) denied by Justice Kennedy.
Jan 13, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees the Arizona Independent Redistricting Commission, et al.
Jan 15, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellee Arizona Secretary of State.
Jan 16, 2015
Brief of appellees Arizona Independent Redistricting Commission, et al. filed. (Distributed)
Jan 22, 2015
Brief amici curiae of Nathaniel Persily, et al. filed. (Distributed)
Jan 23, 2015
Brief amicus curiae of the United States filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Thomas Mann, and Norman Ornstein filed. (Distributed)
Jan 23, 2015
Brief amici curiae of State and Local Elected Officials filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Former Gov. Jim Edgar, et al. filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Former California Governors George Deukmejian, et al. filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Scholars and Historians of Congressional Redistricting filed. (Distributed)
Jan 23, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 23, 2015
Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Jack Rakove, et al. filed. (Distributed)
Jan 23, 2015
Brief amici curiae of The States of Washington, et al. filed. (Distributed)
Jan 23, 2015
Brief amicus curiae of California Citizens Redistricting Commission filed. (Distributed)
Jan 23, 2015
Brief amici curiae of Members of Congress filed. (Distributed)
Jan 23, 2015
Brief amici curiae of League of Women Voters of Arizona, et al. filed. (Distributed)
Jan 23, 2015
Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)
Feb 17, 2015
Reply of appellant Arizona State Legislature filed. (Distributed)
Feb 20, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 2, 2015
Argued. For appellant: Paul D. Clement, Washington, D. C. For appellees: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae); and Seth P. Waxman, Washington, D. C.
Jun 29, 2015
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined.
Jul 31, 2015
JUDGMENT ISSUED.

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