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Husted v. A. Philip Randolph Institute

Docket No.16-980
Op. Below6th Cir.
ArgumentJan 10, 2018

Holding

The process that Ohio uses to remove voters on change-of-residence grounds does not violate the National Voter Registration Act.

Judgment

Reversed, 5-4, in an opinion by Samuel Alito on Jun 11, 2018. Justice Thomas filed a concurring opinion. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined. Justice Sotomayor filed a dissenting opinion.

Proceedings & orders timeline

Dec 2, 2016
Application (16A556) to extend the time to file a petition for a writ of certiorari from December 22, 2016 to February 6, 2017, submitted to Justice Kagan.
Dec 6, 2016
Application (16A556) granted by Justice Kagan extending the time to file until February 6, 2017.
Feb 3, 2017
Petition for a writ of certiorari filed. (Response due March 10, 2017)
Feb 3, 2017
Appendix of Jon Husted, Ohio Secretary of State filed.
Feb 27, 2017
Order extending time to file response to petition to and including March 31, 2017.
Mar 9, 2017
Brief amici curiae of Former Attorneys of the Civil Rights Division of the United States Department of Justice filed.
Mar 10, 2017
Brief amicus curiae of Landmark Legal Foundation filed.
Mar 10, 2017
Brief amicus curiae of Judicial Watch, Inc. filed.
Mar 10, 2017
Brief amici curiae of Georgia and 14 other States filed.
Mar 31, 2017
Brief of respondents A. Philip Randolph Institute, et al. in opposition filed.
Apr 17, 2017
Reply of petitioner Jon Husted, Ohio Secretary of State filed.
Apr 19, 2017
DISTRIBUTED for Conference of May 11, 2017.
May 10, 2017
Rescheduled.
May 15, 2017
DISTRIBUTED for Conference of May 18, 2017.
May 22, 2017
DISTRIBUTED for Conference of May 25, 2017.
May 30, 2017
Petition GRANTED.
Jun 7, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Petitioner.
Jun 7, 2017
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Respondents.
Jun 22, 2017
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 31, 2017.
Jun 22, 2017
The time to file respondents' brief on the merits is extended to and including September 15, 2017.
Jun 29, 2017
Motion to dispense with printing the joint appendix filed by the parties.
Jul 31, 2017
Brief of petitioner Husted, Ohio Secretary of State filed.
Aug 7, 2017
Brief amicus curiae of United States filed.
Aug 7, 2017
Brief amicus curiae of Buckeye Institute filed.
Aug 7, 2017
Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Aug 7, 2017
Brief amici curiae of Georgia and 16 Other States filed.
Aug 7, 2017
Brief amicus curiae of Judicial Watch, Inc. filed.
Aug 7, 2017
Brief amicus curiae of American Civil Rights Union filed.
Aug 7, 2017
Brief amici curiae of Former Attorneys of the Civil Rights Division of the United States Department of Justice filed.
Aug 7, 2017
Brief amici curiae of Landmark Legal Foundation, et al. filed.
Aug 7, 2017
Brief amici curiae of National Conference of State Legislatures, et al. filed.
Aug 22, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 25, 2017
Motion to dispense with printing the joint appendix filed by the parties GRANTED.
Aug 31, 2017
SET FOR ARGUMENT on Wednesday November 8, 2017
Sep 7, 2017
CIRCULATED
Sep 12, 2017
Record requested from the U.S.C.A. 6th Circuit.
Sep 15, 2017
Brief of respondents A. Philip Randolph Institute, et al. filed. (Distributed)
Sep 19, 2017
Brief amici curiae of Libertarian Party of Ohio, et al. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Constitutional Accountability Center filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of American History Professors filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of Libertarian National Committee filed. (Distributed)
Sep 22, 2017
Brief amici curiae of the League of Women Voters of the United States, et al. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of National Association for the Advancement of Colored People, et al. filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of Senator Sherrod Brown filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Certain Members of the Congressional Black Caucus filed. (Distributed)
Sep 22, 2017
Brief amici curiae of National Disability Rights Network, et al. filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of Common Cause filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Eric H. Holder, Jr., et al. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of the States of New York, et al. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Asian Americans Advancing Justice | AAJC, et al. filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Current and Former Ohio Elections Officials filed. (Distributed)
Sep 22, 2017
Brief amicus curiae of VoteVets Action Fund filed. (Distributed)
Sep 22, 2017
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Sep 22, 2017
Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., et al. filed. (Distributed)
Oct 10, 2017
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 16, 2017
Reply of petitioner Jon Husted, Ohio Secretary of State filed. (Distributed)
Oct 27, 2017
Letter from counsel for respondents relating to oral argument filed.
Oct 27, 2017
This case is removed from the oral argument calendar for November 8, 2017.
Nov 17, 2017
SET FOR ARGUMENT ON Wednesday, January 10, 2018
Nov 22, 2017
CIRCULATED.
Dec 18, 2017
Record received from the U.S.C.A. 6th Circuit is electronic.
Jan 10, 2018
Argued. For petitioner: Eric E. Murphy, State Solicitor for State of Ohio, Columbus, Ohio; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul M. Smith, Washington, D. C.
Jun 11, 2018
Judgment REVERSED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion.
Jul 13, 2018
JUDGMENT ISSUED.

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