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Simpson v. Thurston

Judgment vacated and case remanded to the U.S. District Court for the Eastern District of Arkansas for further consideration in light of Alexander v. South Carolina State Conference of the NAACP on June 3, 2024.

Docket No.23-138
Op. BelowE.D. Ark.

Issue

(1) Whether the district court erred in finding that the plaintiffs failed to allege facts that state a claim under the equal protection clause of the 14th Amendment, the 15th Amendment, or Section 2 of the Voting Rights Act; (2) whether, under Section 2, the district court erred in requiring that the plaintiffs allege facts that created a plausible inference that the intent, rather than the effect, of the Arkansas General Assembly's redistricting legislation was necessary to be pled in order to state a claim; and (3) whether plaintiffs, in a case solely challenging the "cracking" of Black voters from a larger Black community in their historic congressional district into two other districts, thereby diluting the voting strength of that Black community, must allege and prove the three prongs of this court"s decision in Thornburg v. Gingles.

Proceedings & orders timeline

Aug 11, 2023
Statement as to jurisdiction filed. (Response due September 14, 2023)
Aug 23, 2023
Waiver of right of appellee John Thurston, in His Official Capacity as the Arkansas Secretary of State to respond filed.
Aug 30, 2023
DISTRIBUTED for Conference of 9/26/2023.
Aug 31, 2023
Response Requested. (Due October 2, 2023)
Sep 6, 2023
Motion to extend the time to file a response from October 2, 2023 to November 1, 2023, submitted to The Clerk.
Sep 7, 2023
Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2023.
Sep 8, 2023
Response to motion to extend the time to file a response from appellant filed. (Received September 12, 2023)
Nov 1, 2023
Motion to affirm filed by appellee John Thurston, in His Official Capacity as the Arkansas Secretary of State.
Nov 21, 2023
Motion DISTRIBUTED for Conference of 12/8/2023.
May 28, 2024
DISTRIBUTED for Conference of 5/30/2024.
Jun 3, 2024
Judgment VACATED and case REMANDED for further consideration in light of Alexander v. South Carolina State Conference of the NAACP, 602 U. S. ___ (2024).
Jul 8, 2024
Judgment Issued.

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