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Arizona v. The Inter Tribal Council of Arizona, Inc.

Docket No.12-71
Op. Below9th Cir.
ArgumentMar 18, 2013

Holding

As applied to applicants who use a uniform federal form that merely requires them to aver, under penalty of perjury, that they are U.S. citizens, Arizona"s requirement that would-be voters provide actual proof of U.S. citizenship is pre-empted by the National Voter Registration Act's mandate that states "accept and use" the federal form.

Judgment

Affirmed, 7-2, in an opinion by Antonin Scalia on Jun 17, 2013. Justice Kennedy filed an opinion concurring in part and concurring in the judgment. Justice Thomas and Justice Alito filed dissenting opinions.

Holding: As applied to applicants who use a uniform federal form that merely requires them to aver, under penalty of perjury, that they are U.S. citizens, Arizona”s requirement that would-be voters provide actual proof of U.S. citizenship is pre-empted by the National Voter Registration Act’s mandate that states “accept and use” the federal form.

Judgment:”Affirmed, 7-2, in an opinion by Justice Scalia on June 17, 2013. Justice Kennedy filed an opinion concurring in part and concurring in the judgment. Justice Thomas and Justice Alito filed dissenting opinions.

Proceedings & orders timeline

Jul 16, 2012
Petition for a writ of certiorari filed. (Response due August 17, 2012)
Aug 8, 2012
Order extending time to file response to petition to and including August 31, 2012, for all respondents.
Aug 14, 2012
Brief amicus curiae of American Unity Legal Defense Fund filed.
Aug 15, 2012
Motion for leave to file amicus brief filed by Mountain States Legal Foundation.
Aug 17, 2012
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Aug 17, 2012
Brief amici curiae of Alabama, et al. filed.
Aug 20, 2012
Waiver of right of Coconino County Respondents to respond filed.
Aug 29, 2012
Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. in opposition filed.
Aug 31, 2012
Brief of respondents Jesus M. Gonzalez, et al. in opposition filed.
Sep 11, 2012
Reply of petitioners Arizona, et al. to the response of Inter-Tribal Council of Arizona, et al. filed.
Sep 11, 2012
Reply of petitioners Arizona, et al. to the response of Jesus Gonzalez, et al. filed.
Sep 12, 2012
DISTRIBUTED for Conference of October 5, 2012.
Oct 2, 2012
Supplemental brief of petitioners Arizona, et al. filed. (Distributed)
Oct 4, 2012
Supplemental brief of respondents Jesus M. Gonzalez, et al. filed. (Distributed)
Oct 9, 2012
DISTRIBUTED for Conference of October 12, 2012.
Oct 15, 2012
Motion for leave to file amicus brief filed by Mountain States Legal Foundation GRANTED.
Oct 15, 2012
Petition GRANTED.
Oct 29, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner Arizona, et al.
Nov 19, 2012
Joint motion of Gonzalez, et al. and Arizona to correct case caption filed by respondents Jesus M. Gonzalez, et al.
Nov 20, 2012
The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 7, 2012.
Nov 29, 2012
Response to motion to correct case caption from counsel for Inter Tribal Council of Arizona, Inc., et al.
Nov 30, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents Inter Tribal Council of Arizona, Inc., et al.
Dec 3, 2012
Reply of Gonzalez, et al. and Arizona, et al. to Inter Tribal Council of Arizona, Inc., et al. response to motion to correct case caption filed.
Dec 7, 2012
The time to file respondents' briefs on the merits is extended to and including January 14, 2013.
Dec 7, 2012
Joint appendix filed. (Statement of costs filed)
Dec 7, 2012
Brief of petitioners Arizona, et al. filed.
Dec 7, 2012
Brief of petitioners Twenty-six County Recorders and County Election Directors filed.
Dec 11, 2012
Brief amicus curiae of American Unity Legal Defense Fund filed.
Dec 13, 2012
Brief amicus curiae of Kris W. Kobach, Kansas Secretary of State filed.
Dec 14, 2012
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Dec 14, 2012
Brief amicus curiae of Landmark Legal Foundation filed.
Dec 14, 2012
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Dec 14, 2012
Brief amici curiae of Alabama, et al. filed.
Dec 14, 2012
Brief amicus curiae of Mountain States Legal Foundation filed.
Dec 14, 2012
Brief amicus curiae of State Senator Russell Pearce filed.
Dec 14, 2012
Brief amici curiae of American Civil Rights Union, et al. filed.
Dec 14, 2012
Brief amicus curiae of Members of Congress filed.
Dec 19, 2012
Consent to the filing of amicus curiae briefs, in support of eitiher party or of neither party, received from counsel for the Gonzalez respondents.
Dec 20, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Coconino County, Arizona et al.
Dec 26, 2012
Motion DISTRIBUTED for Conference of January 11, 2013.
Jan 7, 2013
SET FOR ARGUMENT ON Monday, March 18, 2013
Jan 10, 2013
CIRCULATED.
Jan 14, 2013
Motion to correct case caption DENIED.
Jan 14, 2013
Brief of respondents The Inter Tribal Council of Arizona, Inc., et al. filed. (Distributed)
Jan 14, 2013
Brief of respondents Jesus M. Gonzalez, et al. filed (Appendix to brief bound separately.)
Jan 18, 2013
Record from U.S.C.A. for 9th Circuit is electronic.
Jan 18, 2013
Record from U.S.D.C. for District fo Arizona is electronic.
Jan 22, 2013
Brief amicus curiae of the United States filed. (Distributed)
Jan 22, 2013
Brief amicus curiae of League of Women Voters filed. (Distributed)
Jan 22, 2013
Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Jan 22, 2013
Brief amici curiae of Election Administrators filed. (Distributed)
Jan 22, 2013
Brief amici curiae of Members of Congress filed. (Distributed)
Jan 22, 2013
Brief amici curiae of Overseas Vote Foundation, et al. filed. (Distributed)
Jan 22, 2013
Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
Jan 22, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22, 2013
Brief amicus curiae of Community Voter Registration Organizations filed. (Distributed)
Jan 22, 2013
Brief amici curiae of National Education Association, et al. filed. (Distributed)
Jan 22, 2013
Brief amicus curiae of Asian American Legal Defense and Education Fund filed. (Distributed)
Jan 22, 2013
Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
Feb 13, 2013
Reply of petitioners Arizona, et al. filed. (Distributed)
Feb 19, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 18, 2013
Argued. For petitioners: Thomas C. Horne, Attorney General of Arizona, Phoenix, Ariz. For respondents: Patricia Millett, Washington, D. C.; and Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. (for Untied States, as amicus curiae.)
Jun 17, 2013
Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Kennedy, J., joined in part. Kennedy, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., and Alito, J., filed dissenting opinions.
Jul 19, 2013
JUDGMENT ISSUED

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