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Cooper v. Harris

Docket No.15-1262
Op. BelowM.D.N.C.
ArgumentDec 5, 2016
Vote5-3
AuthorElena Kagan
OpinionMay 22, 2017
TermOctober Term 2016
SCOTUS PageOpinion

Holding

(1) North Carolina's victory in a similar state-court lawsuit does not dictate the disposition of this case or alter the applicable standard of review; (2) the district court did not err in concluding that race furnished the predominant rationale for District 1's redesign and that the state's interest in complying with the Voting Rights Act of 1965 could not justify that consideration of race; and (3) the district court also did not clearly err by finding that race predominated in the redrawing of District 12.

Judgment

Affirmed, 5-3, in an opinion by Elena Kagan on May 22, 2017. Justice Thomas filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part, in which Chief Justice Roberts and Justice Kennedy joined. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Apr 8, 2016
Statement as to jurisdiction filed. (Response due May 11, 2016)May 11, 2016
Motion to affirm filed by appellees David Harris and Christine BowserMay 24, 2016
Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
May 31, 2016
DISTRIBUTED for Conference of June 16, 2016.
Jun 20, 2016
DISTRIBUTED for Conference of June 23, 2016.
Jun 27, 2016
PROBABLE JURISDICTION NOTED.
Jul 6, 2016
Record received from U.S.D.C. Middle District of North Carolina (Plaintiffs' Notice of Appeal). The record is electronic.
Aug 3, 2016
The time to file the joint appendix and appellants' brief on the merits is extended to and including September 12, 2016.
Sep 12, 2016
Brief of appellants Patrick McCrory, Governor of North Carolina, et al. filed.
Sep 12, 2016
Joint appendix filed (7 Volumes). (Statement of costs filed.)
Sep 14, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellants.
Sep 16, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for appellees.
Sep 16, 2016
Brief amici curiae of Southeastern Legal Foundation, et al. filed.Oct 12, 2016
Brief of appellees David Harris and Christine Bowser filed.Oct 19, 2016
Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.Oct 19, 2016
Brief amicus curiae of Constitutional Accountability Center filed.Oct 19, 2016
Brief amici curiae of Campaign Legal Center, et al. filed.Oct 19, 2016
Brief amicus curiae of United States filed.Oct 19, 2016
Brief amicus curiae of The Brennan Center for Justice at NYU School of Law filed.
Oct 19, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 21, 2016
SET FOR ARGUMENT on Monday, December 5, 2016
Oct 26, 2016
CIRCULATED.
Nov 1, 2016
Record requested from U.S.D.C. Middle Dist. of North Carolina.
Nov 7, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 10, 2016
Record received from the U.S.D.C. Middle Dist. of North Carolina is electronic.
Nov 14, 2016
Reply of appellants Patrick McCrory, Governor of North Carolina, et al. filed. (Distributed)
Dec 5, 2016
Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees: Mark E. Elias, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 22, 2017
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Roberts, C. J., and Kennedy, J., joined. Gorsuch, J., took no part in the consideration or decision of this case.
Jun 26, 2017
JUDGMENT ISSUED.

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