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Harris v. Cooper

Pending petition

Docket No. Argument Opinion Vote Author Term
16-166 TBD TBD TBD TBD TBD

Issue: (1) Whether the district court erred in holding that a lack of discernible standards prevented it from striking down as a partisan gerrymander a districting plan when the plan"s architect freely admitted it was a partisan gerrymander designed to elect as many Republicans as mathematically possible; (2) whether the district court erred in holding that it could not, on the record before it, strike down a districting plan under the 14th Amendment when the plan was designed to secure "partisan advantage" for Republicans; and (3) whether the district court erred in holding that it could not, on the record before it, strike down a districting plan under the First Amendment when the plan was designed to impose burdens on Democratic voters because of their political beliefs. In addition, on May 26, the Supreme Court ordered the parties to brief the following issues: (1) Do the appellants have standing to challenge the remedial map as a partisan gerrymander? (2) Is the district court"s order denying the appellants" objections to the remedial map appealable under 28 U. S. C. " 1253?

DateProceedings and Orders (key to color coding)
08/03/2016Statement as to jurisdiction filed. (Response due September 6, 2016)
09/02/2016Brief amicus curiae of OneVirginia2021: Virginians for Fair Redistricting filed.
09/06/2016Motion to dismiss or affirm filed by appellees Patrick McCrory, Governor of North Carolina, et al.
09/06/2016Brief amicus curiae of Brennan Center for Justice at NYU School of Law in support of neither party filed.
09/19/2016Opposition to appellees, motion to dismiss or affirm by appellants David Harris, et al., filed.
09/21/2016DISTRIBUTED for Conference of October 7, 2016.
05/22/2017DISTRIBUTED for Conference of May 25, 2017.
05/26/2017The parties are directed to file letter briefs addressing the following questions: 1) Do the appellants have standing to challenge the remedial map as a partisan gerrymander? 2) Is the District Court’s order denying the appellants’ objections to the remedial map appealable under 28 U. S. C. §1253? The letter briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before noon, Tuesday, June 6, 2017.
05/30/2017DISTRIBUTED for Conference of June 1, 2017.
06/05/2017DISTRIBUTED for Conference of June 8, 2017.
06/06/2017Supplemental letter of appellants David Harris, et al., Appellants filed. (Distributed)
06/06/2017Supplemental letter of appellee North Carolina State Board of Elections filed. (Distributed)
06/12/2017DISTRIBUTED for Conference of June 15, 2017.
06/18/2018DISTRIBUTED for Conference of 6/21/2018.
06/27/2018DISTRIBUTED for Conference of 6/27/2018.
06/28/2018Adjudged to be AFFIRMED.
07/30/2018JUDGMENT ISSUED.