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Litigation

 

Shelby County, Alabama v. Lynch

Case Information

Date Filed: April 27, 2010
State: Alabama
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00651); U.S. Court of Appeals for the District of Columbia Circuit (Case 14-5138); U.S. Supreme Court (Case 12-96)

Issue:

Whether Sections 4(b) and 5 of the Voting Rights Act are unconstitutional.

Status:

Appellee Attorney General Holder brief filed 12/1/11.  Amicus Brief of New York Law School Racial Justice Project filed 12/7/11. Appellant Shelby County, Alabama filed 12/15/11. Court of Appeals Opinion and Order filed 5/18/12. Petition for certiorari filed 7/20/12. Brief for Respondents in Opposition to certiorari filed 9/24/12. Petition for Certiorari granted 11/9/12. Set for argument 2/27/13. Petitioner's Brief filed 12/26/12. Reply Brief for Petitioner filed 2/19/13. Supreme Court oral argument held 2/27/13. Opinion finding section 4 unconstitutional filed 6/25/13. Order denying Plaintiffs' Motion for Attorney's Fees filed 5/28/14. Notice of Appeal filed 6/3/14. Appellant's Brief filed 10/28/14. Appellee's Brief filed 12/12/14. Joint Appellee's Brief filed 12/22/14. Appellant Reply Brief filed 1/16/15. Oral argument heard on 4/10/15. Per Curiam Judgment 9/01/15. Opinion filed 9/01/15.  MANDATE of USCA ORDERED10/27/15.

Disclosure: EL@M Senior Fellow Daniel Tokaji is an amicus curiae supporting Respondents in this case. No EL@M member who participates in any lawsuit covered on the EL@M website is involved in generating the website's information or analysis on that lawsuit.

District Court Documents

 

Court of Appeals Documents

 

Supreme Court Documents

 

Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

U.S. Supreme Court to Hear Wisconsin Gerrymandering Case

On Monday, the U.S. Supreme Court agreed to consider a gerrymandering case involving Wisconsin state legislative districts. The court also granted a request by the state to temporarily block the lower court\'s decision until the appeal is resolved. The case is Gill v. Whitford.

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