Merrill v. Milligan

Application for a stay or injunctive relief pending appeal granted on February 7, 2022

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21a375	N.D. Ala.	N/A	N/A	N/A	N/A	OT 2021

Issue: Whether the Supreme Court should grant an administrative stay and a stay or injunction pending appeal of the district court's preliminary injunction that blocked Alabama from implementing a new congressional district plan that includes only one district with a majority of Black voters.

SCOTUSblog Coverage

Alabamas redistricting on the shadow docket (SCOTUStalk, February 11, 2022)
In 5-4 vote, justices reinstate Alabama voting map despite lower courts ruling that it dilutes Black votes (Amy Howe, February 8, 2022)

Date	Proceedings and Orders (key to color coding)
01/28/2022	Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
01/28/2022	Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.
01/31/2022	Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
01/31/2022	Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee.
02/01/2022	Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
02/01/2022	Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
02/01/2022	Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
02/02/2022	Response to application from respondents Evan Milligan, et al. filed.
02/02/2022	Reply of applicants John Merrill, et al. filed.
02/07/2022	Application (21A375) referred to the Court.
02/07/2022	Application (21A375) granted by the Court. The application is treated as a jurisdictional statement (No. 21-1086), and probable jurisdiction is noted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1530 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion).