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Evenwel v. Abbott

Docket No.14-940
Op. BelowW.D. Tex.
ArgumentDec 8, 2015
Vote8-0
AuthorRuth Bader Ginsburg
OpinionApr 4, 2016
TermOctober Term 2015
SCOTUS PageOpinion

Holding

As constitutional history, precedent, and practice demonstrate, a state or locality may draw its legislative districts based on total population.

Judgment

Affirmed, 8-0, in an opinion by Ruth Bader Ginsburg on Apr 4, 2016. Justice Thomas filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Thomas joined except as to Part III-B.

Proceedings & orders timeline

Feb 2, 2015
Statement as to jurisdiction filed. (Response due March 6, 2015)
Feb 2, 2015
Supplemental Appendix of Sue Evenwel, et al., Appellants filed.
Feb 17, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Sue Evenwel, and Edward Pfenninger.
Feb 20, 2015
Order extending time to file response to jurisdictional statement to and including April 6, 2015.
Feb 27, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents
Mar 2, 2015
Brief amicus curiae of American Civil Rights Union filed.
Mar 5, 2015
Brief amici curiae of Cato Institute, et al. filed.
Mar 6, 2015
Brief amici curiae of Tennessee State Legislators and The Judicial Education Project filed.
Mar 6, 2015
Brief amicus curiae of Mountain States Legal Foundation filed.
Mar 6, 2015
Brief amicus curiae of Southeastern Legal Foundation filed.
Mar 6, 2015
Brief amici curiae of Judicial Watch, Inc., et al. filed.
Apr 6, 2015
Motion to dismiss or affirm filed by appellees Greg Abbott, Governor of Texas, et al.
Apr 20, 2015
Reply of appellants Sue Evenwel, et al., Appellants filed. (Distributed)
Apr 21, 2015
DISTRIBUTED for Conference of May 14, 2015.
May 18, 2015
DISTRIBUTED for Conference of May 21, 2015.
May 26, 2015
PROBABLE JURISDICTION NOTED.
Jun 5, 2015
The time to file the joint appendix and appellants' brief on the merits is extended to and including July 31, 2015.
Jun 5, 2015
The time to file appellees' brief on the merits is extended to and including September 18, 2015.
Jun 9, 2015
Consent to the fiing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellees.
Jun 10, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from appellants Sue Evenwel and Edward Pfenninger.
Jun 29, 2015
Motion to dispense with printing the joint appendix filed by appellants Sue Evenwel, et al.
Jul 31, 2015
Brief of appellants Sue Evenwel, et al. filed.
Aug 5, 2015
Brief amicus curiae of American Civil Rights Union filed.
Aug 7, 2015
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Aug 7, 2015
Brief amicus curiae of Project 21 filed.
Aug 7, 2015
Brief amicus curiae of Tennessee State Legislators and The Judicial Education Project filed.
Aug 7, 2015
Brief amici curiae of Cato Institute and Reason Foundation filed.
Aug 7, 2015
Brief amicus curiae of Mountain States Legal Foundation filed.
Aug 7, 2015
Brief amici curiae of Demographers Peter A. Morrison, et al. filed.
Aug 7, 2015
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Aug 7, 2015
Brief amicus curiae of Immigration Reform Law Institute filed.
Aug 7, 2015
Brief amici curiae of Judicial Watch, Inc., et al. filed.
Aug 7, 2015
Brief amicus curiae of Yakima, Washington filed.
Sep 14, 2015
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Sep 18, 2015
Brief of appellees Greg Abbott, Governor of Texas, et al. filed.
Sep 24, 2015
Brief amici curiae of American Civil Liberties Union and the ACLU of Texas filed.
Sep 24, 2015
Brief amicus curiae of Common Cause filed.
Sep 24, 2015
Brief amici curiae of Texas Senate Hispanic Caucus, et al. filed.Sep 25, 2015
Brief amicus curiae of the United States filed.Sep 25, 2015
Brief amicus curiae of Democratic National Committee filed.Sep 25, 2015
Brief amici curiae of Former Directors of the U.S. Census Bureau filed.
Sep 25, 2015
Brief amicus curiae of The Brennan Center for Justice at N.Y.U. School of Law filed.
Sep 25, 2015
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
Sep 25, 2015
Brief amicus curiae of Constitutional Accountability Center filed.
Sep 25, 2015
Brief amici curiae of Texas Senators filed.
Sep 25, 2015
Brief amicus curiae of Carl E. Heastie in His Official Capacity as Speaker of the New York State Assembly filed.
Sep 25, 2015
Brief amici curiae of Direct Action for Rights and Equality (DARE), et al. filed.
Sep 25, 2015
Brief amicus curiae of The City of New York filed.
Sep 25, 2015
Brief amici curiae of Hispanic National Bar Association, et al. filed.
Sep 25, 2015
Brief amici curiae of Children's Defense Fund, et al. filed.
Sep 25, 2015
Brief amici curiae of Hawaii Reapportionment Case Plaintiffs (David P. Brostrom, Andrew Walden) filed.
Sep 25, 2015
Brief amici curiae of New York, et al. filed.
Sep 25, 2015
Brief amici curiae of City of Los Angeles, et al. filed.
Sep 25, 2015
Brief amicus curiae of Harris County, Texas filed.
Sep 25, 2015
Brief amici curiae of Nathaniel Persily, et al. filed.
Sep 25, 2015
Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed.
Sep 25, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 25, 2015
Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed.
Oct 9, 2015
SET FOR ARGUMENT on Tuesday, December 8, 2015
Oct 19, 2015
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 19, 2015
Reply of appellants Sue Evenwel, et al. filed.
Oct 19, 2015
Record requested from the U.S.D.C. Western District of Texas.
Oct 23, 2015
Record received from the U.S.D.C. Western District of Texas is electronic.
Oct 27, 2015
CIRCULATED
Dec 8, 2015
Argued. For appellants: William S. Consovoy, Arlington, Va. For appellees: Scott A. Keller, Solicitor General, Austin, Tex.; and Ian H. Gershengorn, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 4, 2016
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas, J., joined except as to Part III-B.
May 6, 2016
JUDGMENT ISSUED

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