Gill v. Whitford
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1161 | Oct 3, 2017 | Jun 18, 2018 | 9-0 | Roberts | OT 2017 |
Holding: Plaintiffs -- Wisconsin Democratic voters who rested their claim of unconstitutional partisan gerrymandering on statewide injury -- have failed to demonstrate Article III standing.
Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on June 18, 2018. Thomas and Gorsuch joined the opinion except as to Part III. Justice Kagan filed a concurring opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined.
SCOTUSblog Coverage
- The Annual: OT2017 in Review (First Mondays, July 9, 2018)
- OT2017 #30: "Most Ambitious Crossovers" (First Mondays, June 25, 2018)
- Symposium: The Supremes put off deciding whether politics violates the Constitution (Hans von Spakovsky, June 19, 2018)
- Symposium: No closer to consensus (Derek Muller, June 19, 2018)
- Symposium: Back to the drawing board for political gerrymandering plaintiffs (John Phillippe, June 19, 2018)
- Symposium: Strategy from a punt (Theresa Lee and Emily Zhang, June 19, 2018)
- Symposium: The fight to vindicate our Constitutions promise of democracy is far from over (David Gans, June 19, 2018)
- Symposium: The elections clause as a structural constraint on partisan gerrymandering of Congress (Richard Pildes, June 19, 2018)
- A "view" from the courtroom: Down to the last few matches (Mark Walsh, June 18, 2018)
- Opinion analysis: Court stays out of merits on partisan gerrymandering, at least for now (Amy Howe, June 18, 2018)
- OT2017 #2: "Who is the River Master?" (First Mondays, October 9, 2017)
- A "view" from the courtroom: A big windup on partisan gerrymandering (Mark Walsh, October 3, 2017)
- Argument analysis: Cautious optimism for challengers in Wisconsin redistricting case? (Amy Howe, October 3, 2017)
- OT2017 #1: "A Very Nice Office" (First Mondays, October 2, 2017)
- Argument preview: The justices tackle partisan gerrymandering again (Amy Howe, September 26, 2017)
- In Recess #4: "Stone Soup" (First Mondays, September 11, 2017)
- Symposium: The efficiency gap is a measure, not a test (Eric McGhee, August 11, 2017)
- Symposium: Wechsler, history and gerrymandering (Edward Foley, August 11, 2017)
- Symposium: Gill v. Whitford as bad theater (Tyler Green, August 10, 2017)
- Symposium: A path through the thicket the First Amendment right of association (Daniel Tokaji, August 10, 2017)
- Symposium: Whitford is nothing new (Rick Esenberg, August 9, 2017)
- Symposium: Intent is enough (Justin Levitt, August 9, 2017)
- Symposium: Bringing Whitford into focus (Thomas Wolf, August 8, 2017)
- Symposium: Mind the gap? The efficiency gap, its failures and the problem of geography and choice in redistricting (Chris Winkelman and Phillip Gordon, August 8, 2017)
- The justices tackle partisan gerrymandering again: In Plain English (UPDATED) (Amy Howe, August 7, 2017)
- Court releases October calendar (Amy Howe, July 20, 2017)
- Todays orders: Court to tackle partisan gerrymandering (Amy Howe, June 19, 2017)
- Wisconsin seeks stay as back-up plan in partisan gerrymandering case [UPDATED] (Amy Howe, May 24, 2017)
- Petition of the day (Kate Howard, April 28, 2017)
| Date | Proceedings and Orders |
|---|---|
| 03/24/2017 | Statement as to jurisdiction filed. (Response due April 24, 2017) |
| 03/24/2017 | Appendix of Beverly R. Gill, et al. filed. |
| 04/05/2017 | Order extending time to file response to statement as to jurisdiction to and including May 15, 2017. |
| 04/18/2017 | Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the appellants filed. |
| 04/24/2017 | Brief amicus curiae of The Wisconsin Institute for Law and Liberty filed. |
| 04/24/2017 | Brief amici curiae of The States of Texas, et al. filed. |
| 04/24/2017 | Brief amici curiae of Wisconsin State Senate, et al. filed. |
| 04/24/2017 | Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. |
| 04/24/2017 | Brief amici curiae of The Republican National Committee, et al. filed. |
| 05/08/2017 | Motion to affirm filed by appellees William Whitford, et al. |
| 05/18/2017 | Opposition to motion to affirm of appellants Beverly R. Gill, et al. filed. |
| 05/22/2017 | Application (16A1149) for a stay pending appeal, submitted to Justice Kagan. |
| 05/23/2017 | DISTRIBUTED for Conference of June 8, 2017. |
| 05/24/2017 | Response to application (16A1149) requested by Justice Kagan, due Wednesday, June 7, 2017, by 11 a.m. ET. |
| 05/25/2017 | Motion for leave to file amici brief in support of stay filed by Wisconsin State Senate, et al. |
| 06/07/2017 | Response to application from respondent William Whitford, et al. filed. |
| 06/08/2017 | Reply of applicant Beverly R. Gill, et al. filed. |
| 06/09/2017 | Application (16A1149) referred to the Court. |
| 06/12/2017 | DISTRIBUTED for Conference of June 15, 2017. |
| 06/19/2017 | The application for stay presented to Justice Kagan and by her referred to the Court is granted, and it is ordered that the judgment of the United States District Court for the Western District of Wisconsin, case No. 3:15-cv-00421, entered January 27, 2017, amended February 22, 2017, and corrected March 15, 2017, is stayed pending disposition of the appeal in this Court. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application for stay. |
| 06/19/2017 | Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. |
| 07/13/2017 | Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel for the appellants received. |
| 07/17/2017 | Consent to the filing of amicus curiae briefs in support of either party, or neither party from counsel for the appellees received. |
| 07/19/2017 | SET FOR ARGUMENT on Tuesday, October 3, 2017. |
| 07/28/2017 | Brief of appellant Beverly R.Gill, et al. filed. |
| 07/28/2017 | Joint appendix filed. (2 Volumes) (Statement of costs filed) |
| 08/01/2017 | Record requested from the U.S.D.C. Western Dist. of Wisconsin. |
| 08/03/2017 | Brief amicus curiae of Republican National Committee filed. |
| 08/03/2017 | Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed. |
| 08/03/2017 | Brief amici curiae of Tennessee State Senators filed. |
| 08/04/2017 | Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. |
| 08/04/2017 | Brief amici curiae of Majority Leader and Temporary President of the New York State Senate and members of the Majority Coalition filed. |
| 08/04/2017 | Brief amici curiae of Wisconsin State Senate and Wisconsin State Assembly filed. |
| 08/04/2017 | Brief amici curiae of States of Texas, et al. filed. |
| 08/04/2017 | Brief amicus curiae of Southeastern Legal Foundation filed. |
| 08/04/2017 | Brief amicus curiae of the Legacy Foundation filed. |
| 08/04/2017 | Brief amicus curiae of Republican State Leadership Committee filed. |
| 08/04/2017 | Brief amici curiae of Plaintiffs in the Maryland Redistricting Litigation, Benisek v. Lamone (formerly Shapiro v. McManus), supporting neither party filed. |
| 08/04/2017 | Brief amicus curiae of Wisconsin Manufacturers & Commerce filed. |
| 08/04/2017 | Brief amicus curiae of National Republican Congressional Committee filed. |
| 08/04/2017 | Brief amici curiae of American Civil Rights Union, et al. filed. |
| 08/09/2017 | Record received from the U.S.D.C. Western District of Wisconsin. ( 1 Envelope ) |
| 08/10/2017 | Brief amicus curiae of Eric McGhee in support of neither party filed. |
| 08/10/2017 | Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed. (Distributed) |
| 08/14/2017 | CIRCULATED. |
| 08/28/2017 | Brief of appellees William Whitford, et al. filed. (Distributed) |
| 08/30/2017 | Brief amici curiae of Heather K. Gerken, et al. filed. (Distributed) |
| 08/30/2017 | Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument filed. |
| 08/31/2017 | Brief amicus curiae of Eric S. Lander filed. (Distributed) |
| 09/01/2017 | Brief amici curiae of American Jewish Committee, et al. filed.(Distributed) |
| 09/01/2017 | Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed) |
| 09/01/2017 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed) |
| 09/01/2017 | Brief amici curiae of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed) |
| 09/01/2017 | Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Historians filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Senators John McCain and Sheldon Whitehouse filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Law Professors filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Political Geography Scholars filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Political Science Professors filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Republican Statewide Officials Senators Bill Brock, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of States of Oregon, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of League of Conservation Voters, et al. filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of Center for Media and Democracy filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Georgia State Conference of the NAACP, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of California Citizens Redistricting Commission, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Represent.Us, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Current Members of Congress, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Constitutional Law Professors filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Bipartisan Group of 65 Current and Former State Legislators filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of Common Cause filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of League of Women Voters filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Fairvote and One Nation One Vote filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Election Law and Constitutional Law Scholars filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Bipartisan Group of Current and Former Members of Congress filed. (Distributed) |
| 09/05/2017 | Brief amicus curiae of David Boyle filed. (Distributed) |
| 09/05/2017 | Brief amici curiae of Robin Best, et al. filed. (Distributed) |
| 09/15/2017 | Reply of appellants Beverly R. Gill, et al. filed. (Distributed) |
| 09/25/2017 | Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument GRANTED. |
| 10/03/2017 | Argued. For appellants: Misha Tseytlin, Solicitor General, Madison, Wis.; and Erin E. Murphy, Washington, D. C. (for Wisconsin State Senate, et al., as amici curiae.) For appellees: Paul M. Smith, Washington, D. C. |
| 06/18/2018 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas and Gorsuch, JJ., joined except as to Part III. Kagan, J., filed a concurring opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined. |
| 07/20/2018 | JUDGMENT ISSUED. |
| 08/29/2018 | The record from the U.S.D.C. Western District of Wisconsin has been returned. |