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Virginia House of Delegates v. Bethune-Hill

Docket No.18-281
Op. BelowE.D. Va.
ArgumentMar 18, 2019

Holding

The House of Delegates lacks standing to appeal the invalidation of Virginia's redistricting plan.

Judgment

Appeal dismissed, 5-4, in an opinion by Ruth Bader Ginsburg on Jun 17, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts, and Justices Breyer and Kavanaugh joined.

Proceedings & orders timeline

Sep 4, 2018
Statement as to jurisdiction filed. (Response due October 9, 2018)
Oct 9, 2018
Motion to dismiss filed by State Appellees'.
Oct 9, 2018
Motion to dismiss or affirm filed by appellees Golden Bethune-Hill, et al.
Oct 23, 2018
Opposition to appellees' motions to dismiss or affirm from appellants Virginia House of Delegates, et al. filed. (Distributed)
Oct 24, 2018
DISTRIBUTED for Conference of 11/9/2018.
Nov 13, 2018
Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. In addition to the questions presented by the jurisdictional statement, the parties are directed to fully brief the following question: Whether appellants have standing to bring this appeal.
Dec 13, 2018
Application (18A629) for a stay pending appeal, submitted to The Chief Justice.
Dec 14, 2018
Response to application (18A629) requested by The Chief Justice, due Thursday, December 20, 2018, by noon ET.
Dec 20, 2018
Response to application from respondents Virginia State Board of Elections, et al. filed.
Dec 20, 2018
Response to application from respondents Golden Bethune Hill, et al. filed.
Dec 21, 2018
Reply of applicant Virginia House of Delegates, et al. filed.
Dec 26, 2018
Blanket Consent filed by Petitioner, Virginia House of Delegates, et al.
Dec 28, 2018
Joint appendix filed (9 volumes). (Statement of costs received)
Dec 28, 2018
Brief of appellants Virginia House of Delegates, et al. filed.
Jan 4, 2019
Brief amicus curiae of United States in support of neither party filed.
Jan 4, 2019
Brief amici curiae of Lee Chatfield, in His Official Capacity as Speaker-Elect of The Michigan House of Representatives, et al. filed.
Jan 4, 2019
Brief amici curiae of American Legislative Exchange Council, et al. filed.
Jan 4, 2019
Brief amicus curiae of Criminal Justice Legal Foundation filed.
Jan 8, 2019
Application (18A629) referred to the Court.
Jan 8, 2019
Application (18A629) denied by the Court.
Jan 25, 2019
SET FOR ARGUMENT on Monday, March 18, 2019
Jan 28, 2019
Brief of appellees Golden Bethune-Hill, et al. filed.
Jan 28, 2019
Brief of State Appellees filed.
Jan 29, 2019
Blanket Consent filed by appellees Bethune-Hill, et al.
Jan 31, 2019
Joint motion for divided argument filed by appellees.
Feb 1, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 4, 2019
Brief amicus curiae of The Lawyers' Committee for Civil Rights Under Law filed.
Feb 14, 2019
CIRCULATED
Feb 19, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 19, 2019
Joint motion of appellees for enlargement of time for oral argument and for divided argument GRANTED in part, and the time is divided as follows: 25 minutes for appellants, 10 minutes for the Solicitor General as amicus curiae, 10 minutes for appellees Virginia State Board of Elections, et al., and 15 minutes for appellees Golden Bethune-Hill, et al.
Feb 21, 2019
Record requested from the U.S.D.C. Eastern Dist. of VA.
Feb 27, 2019
Reply of appellants Virginia House of Delegates, et al. filed. (Distributed)
Feb 28, 2019
The record received from U.S.D.C. Eastern Dist. of Virginia. (1 Envelop and 3 Boxes).
Mar 18, 2019
Argued. For appellants: Paul D. Clement, Washington, D. C. For United States, as amicus curiae: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For appellees Virginia State Board of Elections, et al.: Toby J. Heytens, Solicitor General of Virginia, Richmond, Va. For appellees Golden Bethune-Hill, et al.: Marc E. Elias, Washington, D. C.
Jun 17, 2019
Appeal dismissed. Ginsburg, J., delivered the opinion of the Court, in which Thomas, Sotomayor, Kagan, and Gorsuch, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Breyer and Kavanaugh, JJ., joined.
Jul 19, 2019
JUDGMENT ISSUED.

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