Last Updated: February 19, 2016 at 11:15 AM

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.

District Court Documents

 

• Complaint (filed 4/27/10)
• Plaintiff's Motion for Summary Judgment (filed 6/8/10)
  • Declaration of Frank C. Ellis Jr.
  • Exhibits A, B
• Motion to Intervene as Defendants (filed 6/11/10)
  • Memorandum in Support of Motion to Intervene
  • Proposed Responsive Pleading
• Memorandum in Opposition to Motion for Summary Judgment (filed 6/22/10)
  • Exhibits 1, 2, 3
• Response to Motion to Intervene (filed 6/24/10)
  • Exhibit 1
• Memorandum in Opposition to Motion to Intervene (filed 6/25/10)
• Answer (filed 6/28/10)
• Plaintiff's Reply in Support of Motion for Summary Judgment (filed 7/1/10)
• Reply Brief in Support of Motion to Intervene (filed 7/2/10)
• Memorandum in Opposition to Motion to Intervene (filed 7/13/10)
• Attorney General's Response to Motion to Intervene (filed 7/13/10)
• Reply to Opposition to Motion to Intervene (filed 7/21/10)
• Applicants for Intervention's Answer (filed 7/28/10)
• Order Granting All Pending Motions to Intervene (entered 8/25/10)
• Answer (filed 8/25/10)
• Minute Order that the Court will hold a status conference in this action on September 10, 2010 [Text only entry] (entered 9/1/10)
• Memorandum in Opposition to Motion for Summary Judgment (filed 9/8/10)
  • Declaration of Kristen Clarke
• Reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgment (filed 9/10/10)
• Memorandum Order and Opinion Denying Defendant's request for Discovery (entered 9/16/10)
• Transcript of Proceedings (entered 10/27/10)
• Order setting deadlines and motions hearing (entered 10/29/10)
• Defendant-Intervenors Cross Motion for Summary Judgment (filed 11/6/10)
  • Memorandum in Support of Motion for Summary Judgment
• Response to Plaintiff's Statement of Facts (filed 11/15/10)
• Defendant Memorandum in Opposition to Motion for Summary Judgment (filed 11/15/10)
  • Statement of Facts (filed 11/15/10)
  • McCrary Declaration (filed 11/15/10)
  • Berman Declaration (filed 11/15/10)
• Holder's Motion for Summary Judgment (filed 11/15/10)
  • Memorandum in Support
• Harris Motion for Summary Judgment (filed 11/15/10)
  • Memorandum in Support
• Memorandum in Opposition to Harris Motion for Summary Judgment (filed 11/15/10)
• Joint Statement of Uncontested Material Facts (filed 11/15/10)
• Defendant Intervenors Cross Motion for Summary Judgment (filed 11/15/10)
  • Memorandum in Support
  • Declaration Ernest Montgomery
• Amicus Brief filed by Constitutionally Accountability Center (filed 11/22/10)
• Plaintiff's Reply in Opposition to Motions for Summary Judgment (filed 12/13/10)
  • Statement of Facts
• Holder's Reply to Motion in Opposition to Motion for Summary Judgment (filed 1/14/11)
  • Brinegar Declaration
  • Berman Supplemental Declaration
• Defendant-Intervenors' Reply Memorandum in Support of Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment (filed 1/14/11)
• Reply in Support of Defendant-Intervenors' Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment (filed 1/19/11)
• Motion Hearing Held (2/2/11)
• Memorandum of Intervenor Harris on Issue Ordered for Briefing (Voting Rights Act) (filed 2/16/11)
• Consolidated Memorandum of Defendant Intervenors in Support of Cross Motion for Summary Judgment (filed 2/16/11)
• Plaintiff's Supplemental Memorandum in Support of its Motion for Summary Judgment and in Opposition to the Cross Motion for Summary Judgment (filed 2/16/11)
• Eric Holder's Supplemental Memorandum of Law (filed 2/16/11)
• Attorney General's Notice of Supplemental Information (filed 6/16/11)
• Notice of Filing (filed 7/15/11)
• Attorney General's Second Notice of Supplimental Information (filed 9/09/11)
• Memorandum Opinion Granting Plaintiff's Motion for Summary Judgment (filed 9/21/11)
• Order Granting Plaintiff's Motion for Summary Judgment (filed 9/21/11)
• Notice of Appeal (filed 9/23/11)
• Transmission of Appeal (filed 9/26/11)
• Order From USCA Recalling Mandate (filed 8/6/13)
• USCA Mandate Recalled (filed 8/6/13)
• Shelby County's Motion Regarding Future Proceedings (filed 9/6/13)
• Order Declaring 4(b) Unconstitutional (filed 10/11/13)
• Plaintiff's Motion for Attorney's Fees (filed 10/25/13)
  • Memorandum on Points and Authorities (filed 10/25/13)
  • Exhibit A: Declaration Bert W. Rein (filed 10/25/13)
  • Exhibit B: Hourly Rates Deemed Reasonable in McKesson Corp. (filed 10/25/13)
  • Exhibit C: Rates Claimed in Animal Welfare Inst. (filed 10/25/13)
  • Proposed Order (filed 10/25/13)
• Declaration of Bert W. Rein (filed 10/31/13)
• Bill of Costs (filed 10/31/13)
  • Exhibit A: Fees of the Clerk (filed 10/31/13)
  • Exhibit B: Fees for Service (filed 10/31/13)
  • Exhibit C: Court of Appeals Cost (filed 10/31/13)
• Joint Motion for Bifurcation (filed 11/4/13)
• Defendants' Combined Response to Joint Motion for Bifurcation (filed 11/5/13)
• Order Granting Bifurcation (filed 11/5/13)
• Notice of Bill of Costs (filed 11/12/13)
  • Exhibit A
• Defendant-Intervenors' Memorandum in Opposition to Motion for Attorney's Fees (filed 12/6/13)
• Attorney General's Opposition to Motion for Attorney's Fees (filed 12/6/13)
  • Exhibit
• Notice of Attorney General's Corrected Opposition to Motion for Attorney's Fees (filed 12/9/13)
  • Corrected Opposition
  • Certificate of Service
• Shelby County's Reply to Opposition to Motion for Attorney's Fees (filed 12/20/13)
  • Exhibit A
• Order Denying Plaintiffs' Motion for Attorney's Fees (filed 5/28/14)
  • Memorandum Opinion (filed 5/28/14)
• Shelby County's Notice of Appeal to DC Circuit Court (filed 6/3/14)

Court of Appeals Documents

 

• Statement of Issues (filed 10/4/11)
• Appellant's Unopposed Motion to Expedite (filed 10/4/11)
• Brief of Appellant Shelby County (filed 11/1/11)
• Joint Appendix (filed 11/1/11)
• Amicus Brief of States of Arizona and Georgia (filed 11/8/11)
• Amicus Brief of State of Alabama (filed 11/8/11)
• Amicus Brief of Mountain States Legal Foundation (filed 11/8/11)
• Brief of Appellee Attorney General Holder (filed 12/1/11)
• Amicus Brief of New York Law School Racial Justice Project (filed 12/7/11)
• Amicus Brief of Constitutional Accountability Center (filed 12/8/11)
• Amicus Brief of States of New York, Mississippi, and California (filed 12/9/11)
• Amicus Brief of Alabama NAACP et al (filed 12/9/11)
• Reply Brief of Appellant Shelby County  (filed 12/15/11)
• Judgment Affirming Judgment of the District Judge  (filed 5/18/12)
• Opinion and Order (filed 5/18/12)
• Certified Copy of SCOTUS Judgment (filed 7/29/13)
• Order Recalling Mandate (filed 8/6/13)
• Per Curiam Order Requesting Motions on Future Proceedings (filed 8/7/13)
• Shelby County's Motion Regarding Future Proceedings (filed 9/6/13)
• Judgment Ordering Declaratory Judgment in Favor of Shelby County (filed 10/2/13)
• Per Curiam Order (filed 11/4/13)
• Clerks' Briefing Order (filed 8/15/14)
• Joint Proposal regarding Briefing Format (filed 9/15/14)
• Clerk's Order granting Extension of Time (filed 9/17/14)
• Clerk's Scheduling Order (filed 9/19/14)
• Appellant's Brief (filed 10/29/14)
• Joint Appendix (filed 10/29/14)
• Appellee's Motion for Extension of Time (filed 11/19/14)
• Scheduling Order (filed 11/20/14)
• Appellee's Brief (filed 12/12/14)
• Joint Appellee's Brief (filed 12/22/14)
• Shelby County's Unopposed Motion for Extension of Time (filed 12/22/14)
• Revised Scheduling Order (filed 12/29/14)
• Appellant Reply Brief (filed 1/16/15)
• Scheduling Order (filed 1/27/15)
• Per Curiam Order (filed 3/27/15)
• Per Curiam Order (filed 4/3/15)
• NAACP's Motion regarding oral argument (filed 4/7/15)
• Per Curiam Order (filed 4/9/15)
• Per Curiam Judgment (filed 9/01/15)
• Order (filed 9/01/15)
• Opinion (filed 9/01/15)
• MANDATE of USCA ORDERED and ADJUDGED that the District Court's denial of Shelby County's application for attorneys' fees be affirmed as to Notice of Appeal to DC Circuit Court filed by SHELBY COUNTY, ALABAMA (filed 10/27/15)

Supreme Court Documents

• Petition for Certiorari (filed 7/20/12)
• Cato Institute Amicus Curiae Brief (filed 8/20/12)
• Amicus Curiae Brief of Six States (filed 8/23/12)
• Alaska Amicus Curiae Brief (filed 8/23/12)
• Brief of Former Department of Justice Officials as Amici Curiae (filed 8/23/12)
• Brief of National Black Chamber of Commerce as Amicus Curiae (filed 8/23/12)
• Brief for the Respondents in Opposition (filed 9/24/12)
• Brief in Opposition for Respondents-Intervenors (filed 9/24/12)
• Reply Brief (filed 10/9/12)
• Petition for Certiorari Granted (filed 11/9/12)
• Set for Argument on Feb. 27, 2013 (filed 12/18/12)
• Brief of Petitioner Shelby County (filed 12/26/12)
• Amicus Brief of John Nix (filed 12/27/12)
• Amicus Brief of Judicial Education Project (filed 12/28/12)
• Amicus Brief of Justice and Freedom Fund (filed 12/28/12)
• Amicus Brief of National Black Chamber of Commerce (filed 1/2/13)
• Amicus Brief of Southeastern Legal Foundation (filed 1/2/13)
• Amicus Brief of Arizona (filed 1/2/13)
• Amicus Brief of Pacific Legal Foundation (filed 1/2/13)
• Amicus Brief of Landmark Legal Foundation (filed 1/2/13)
• Amicus Brief of Reason Foundation (filed 1/2/13)
• Brief for Respondent-Intervenors Earl Cunningham et al. (filed 1/25/13)
• Brief for Respondent-Intervenors Bobby Pierson et al. (filed 1/25/13)
• Brief for Respondent-Intervenor Bobby Lee Harris (filed 1/25/13)
• Brief for the Federal Respondent (filed 1/25/13)
• Brief of Sensenbrenner et al. as Amici Curiae (filed 2/1/13)
• Brief of Thornburgh et al. as Amici Curiae (filed 2/1/13)
• Brief for the Brennan Center as Amicus Curiae (filed 2/1/13)
• Brief for Senate Majority Leader Reid as Amicus Curiae (filed 2/1/13)
• Brief for the Veterans of the Mississippi Civil Rights Movement as Amicus Curiae (filed 2/1/13)
• Brief of Gabriel Chin, Daniel Tokaji, et al. as Amici Curiae (filed 2/1/13)
• Brief for the State of New York, et al. as Amici Curiae (filed 2/1/13)
• Brief for Engstrom et al. as Amici Curiae (filed 2/1/13)
• Brief of Amici Curiae Jurisdictions That Have Bailed Out (filed 2/1/13)
• Brief of Amici Curiae the Navajo Nation et al. (filed 2/1/13)
• Brief of Amici Curiae Ellen D. Katz and the Voting Rights Initiative (filed 2/1/13)
• Brief of National Latino Organizations as Amici Curiae (filed 2/1/13)
• Brief for Congressman John Lewis as Amici Curiae (filed 2/1/13)
• Brief of Merced County, California as Amicus Curiae (filed 2/1/13)
• Order Granting Motion for Divided Argument (third in list) (filed 2/15/13)
• Reply Brief for Petitioner (filed 2/19/13)
• Oral Argument Transcript (filed 2/27/13)
• Opinion (filed 6/25/13)
• Judgment Issued (filed 7/29/13)
• INTERNET CITATION NOTE archived for preservation (filed 09/01/15)
• LETTER from the Clerk of the Supreme Court notifying this court that: A petition for writ of certiorari was filed and placed on the docket (filed 11/05/15)
• Letter from the Clerk of the Supreme Court denying the petition for writ of certiorari (filed 01/25/16)