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Merrill v. Caster

Application for a stay or injunctive relief pending appeal

Docket No.21A376
Op. BelowN.D. Ala.

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.

Proceedings & orders timeline

Jan 28, 2022
Application (21A376) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
Jan 28, 2022
Response to application (21A376) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.
Jan 31, 2022
Motion for Leave to File Amicus Brief and Amicus Brief of The National Republican Redistricting Trust not accepted for filing. (February 01, 2022 - Brief uploaded in wrong case)
Jan 31, 2022
Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
Jan 31, 2022
Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
Feb 1, 2022
Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
Feb 1, 2022
Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
Feb 2, 2022
Response to application from respondents Marcus Caster, et al. filed.
Feb 2, 2022
Reply of applicants John Merrill, et al. filed.
Feb 7, 2022
Application (21A376) referred to the Court.
Feb 7, 2022
Application (21A376) granted by the Court. The application is treated as a petition for a writ of certiorari before judgment (No. 21-1087). Respondents do not oppose treating the application as a petition for a writ of certiorari before judgment and do not oppose granting the petition (although they do oppose granting a stay). With that fact taken into account, the petition is granted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1536 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).

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