Last Updated: June 5, 2015 at 9:22 AM
United States v. North Carolina
Case Information
Date Filed: September 30, 2013
State: North Carolina
Issues: Early Voting, Voting Rights Act, Voter ID
Courts that Heard this Case: Middle District of North Carolina (Case 13-CV-00861); United States Court of Appeals for the Fourth Circuit (Case 14-1856)
Issue:
Issue 1: Does House Bill 589 deny or abridge the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793?
Issue 2: Was House Bill 589 enacted and enforced with the purpose of denying or abridging the right to vote on account of race, color, or membership in a language minority in violation of Section 2 of the Voting Rights Act 42 U.S.C. §1793, the Fourteenth Amendment, and Fifteenth Amendment?
Status:
For latest updates, see League of Women Voters of North Carolina v. Howard.
Related cases: League of Women Voters of North Carolina v. Howard and North Carolina NAACP v. McCrory.
District Court Documents
- Complaint
(filed 9/30/13) - Motion for Extension of Time (filed 10/3/13)
- Response to North Carolina's Motion for Extension (filed 10/8/13)
- Order Extending Time to Answer (filed 10/9/13)
- U.S.'s Motion to Consolidate Cases (filed 11/27/13)
- Defendants' Answer (filed 12/2/13)
- Plaintiffs' Memorandum Opposing U.S.'s Motion to Consolidate (filed 12/3/13)
- Plaintiffs' Motion to Consolidate Cases (filed 12/3/13)
- U.S.'s Rule 26(f) Report (filed 12/5/13)
- U.S.'s Report of Rule 26(f) Conference and Discovery Plan (filed 12/5/13)
- Defendants' Rule 26(f) Report (filed 12/5/13)
- Defendants' Memorandum in Support of Consolidating Cases (filed 12/9/13)
- Judicial Watch, Inc.'s Motion to Intervene (filed 12/10/13)
- Scheduling Order and Consolidation of Cases (filed 12/13/13)
- Joint Motion for Entry of Protective Order (filed 12/19/13)
- Consent Protective Order (filed 12/19/13)
- Consent Protective Order
- U.S.'s Opposition to Defendant Motion (filed 1/8/14)
- Joint Motion for Entry of Revised Consent Order (filed 1/13/14)
- Revised Consent Order (filed 1/13/14)
- Revised Consent Order
- Revised Consent Order Signed by Judge (filed 1/17/14)
- Motion to Quash Subpoenas to
State Legislators
(filed 1/20/14)
- Exhibit 1- Hise Subpoena
(filed
1/20/14) - Exhibit 2- Rucho Subpoena
(filed
1/20/14) - Exhibit 3- Goolsby Subpoena
(filed
1/20/14) - Exhibit 4- Apodaca Subpoena
(filed
1/20/14) - Exhibit 5- Berger Subpoena
(filed
1/20/14) - Exhibit 6- Warren Subpoena
(filed
1/20/14) - Exhibit 7- Samuelson Subpoena
(filed
1/20/14) - Exhibit 8- Tillis Subpoena
(filed
1/20/14) - Exhibit 9- Pittman Subpoena
(filed
1/20/14) - Exhibit 10- Moore Subpoena
(filed
1/20/14) - Exhibit 11- Murry Subpoena
(filed
1/20/14) - Exhibit 12- Lewis Subpoena
(filed
1/20/14) - Exhibit 13- Boles Subpoena
(filed
1/20/14)
- Exhibit 1- Hise Subpoena
- Memorandum in
Support of Motion to Quash Subpoenas
(filed 1/20/14) - Judicial Watch's Reply in Further Support of its Motion to Intervene (filed 1/21/14)
- Exhibit 1: Declaration of Thomas Fitton (filed 1/21/14)
- Exhibit 2: Attorney General Holder's Response to Motion to Intervene in Texas v. Holder (filed 1/21/14)
- Exhibit 1: Declaration of Thomas Fitton
- Motion to Intervene (filed 1/29/14)
- Notice of Hearing as to Motion to Quash (filed 2/3/14)
- Memorandum Opinion and Order Denying Proposed Intervenors' motion to intervene (filed 2/6/14)
- Plaintiffs' Request for a Status Conference (filed 2/7/14)
- Plaintiffs' Motion to Compel Production of Documents (filed 2/7/14)
- Plaintiffs' First RFPs (filed 2/7/14)
- RFP Response (filed 2/7/14)
- Plaintiffs' First RFPs
- Motion to Expedite Briefing (filed 2/7/14)
- Email from Defendants stating they do not object to Motion to Expedite Briefing (filed 2/10/14)
- Order Granting Motion to Expedite Briefing (filed 2/10/14)
- Plaintiffs' Opposition to Motion to Quash
Subpoenas to State Legislators (filed 2/10/14)
- Defendants' Opposition to Plaintiffs' Motion to
Compel Production of Documents (filed 2/10/14)
- Appendix to Exhibits (filed 2/10/14)
- Exhibit 1-a (filed 2/10/14)
- Exhibit 1-b (filed 2/10/14)
- Exhibit 1-c (filed 2/10/14)
- Appendix to Exhibits
- Appendix of Exhibits to Defendants'
Opposition to Motion to Compel (filed 2/10/14)
- Exhibit 2 (filed 2/10/14)
- Exhibit 3 (filed 2/10/14)
- Exhibit 4 (filed 2/10/14)
- Exhibit 5 (filed 2/10/14)
- Exhibit 6 (filed 2/10/14)
- Exhibit 7 (filed 2/10/14)
- Exhibit 8 (filed 2/10/14)
- Exhibit 9 (filed 2/10/14)
- Exhibit 10 (filed 2/10/14)
- Exhibit 11 (filed 2/10/14)
- Exhibit 12 (filed 2/10/14)
- Exhibit 13 (filed 2/10/14)
- Exhibit 2
- United States' Brief in Opposition to Motion to
Quash Subpoenas to State Legislators (filed 2/10/14)
- Defendants' Motion for Protective
Order (filed
2/17/14)
- Memorandum in Support of Defendants'
Motion for Protective Order (filed
2/17/14)
- Exhibit A (filed
2/17/14)
- Exhibit A
- Defendants' Motion to Expedite
Briefing (filed
2/17/14)
- Proposed Order (filed
2/17/14)
- Proposed Order
- Defendants' Response in Opposition to Plaintiffs' Motion to Compel Evidence (filed 2/18/14)
- United States' Response to Defendants' Opposition to the Motion to Compel (filed 2/18/14)
- United States' Status Report (filed 2/19/14)
- Legislative Movants' Reply in Support of Motion to Quash Subpoenas to State Legislators (filed 2/20/14)
- Plaintiffs' Reply in Support of Motion to Compel Evidence (filed 2/20/14)
- United States' Response to Defendants' Motion for Protective Order (filed 2/20/14)
- Plaintiffs' Response to Defendants' Motion for Protective Order (filed 2/20/14)
- United States' Motion for Extension of Time (filed 2/25/14)
- Supplemental Brief in Support of
Legislative Immunity (filed
2/26/14)
- Joint Status Report (filed
2/26/14)
- United States' Supplemental Brief in
Opposition to Motion to Quash Subpoenas to State Legislators (filed
2/26/14)
- Supplemental Briefing in Support of
Plaintiffs' Opposition to Motion to Quash Subpoenas (filed
2/26/14)
- Supplement Unpublished Cases (filed
2/26/14)
- Supplement Unpublished Cases
- Order Granting in Part Motion to Compel, Denying Otherwise (3/3/14)
- Plaintiffs' Motion for Clarification on March 3 Order (filed 3/26/14)
- Plaintiffs' Motion to Expedite Motion for Clarification (filed 3/26/14)
- Response to Motion for Clarification (filed 3/27/14)
- Order granting motion to expedite (filed 3/27/14)
- Order that Motion to Quash and Motion to
Compel granted in part, denied in part (filed 3/27/14)
- Order Granting Motion for Clarification (filed 3/28/14)
- Legislative Movants' Objection to March 27 Order (filed 4/2/14)
- Motion to Stay March 27 Order (filed 4/2/14)
- Text Order Granting Motion to Stay (filed 4/4/14)
- Plaintiffs' Joint Motion to Expand Page Limitations (filed 4/7/14)
- United States' Opposition to Objection to Order on Legislative Privilege (filed 4/14/14)
- Plaintiffs' Motion to Expedite Court's Response to Defendant's Objection (filed 4/14/14)
- Plaintiffs' Opposition to Objection on Legislative Privilege (filed 4/14/14)
- United States' Opposition to Everett's Motion to Consolidate (filed 4/15/14)
- Order Denying Motion to Consolidate (filed 4/22/14)
- Order Setting Hearing on Legislators' Pending Objection (filed 4/29/14)
- United States' Notice of Subsequently Decided Authority (filed 5/7/14)
- Order that Legislators' Pending Objections are overruled in part and sustained in part (filed 5/15/14)
- Defendants' Motion for Judgment on the
Pleading (filed 5/19/14)
- Defendants' Memorandum in Support for
Motion for Judgement on the Pleadings (filed 5/19/14)
- United States' Motion for Preliminary
Injunction and for Appointment of Federal Observers (filed 5/19/14)
- United States' Memorandum in Support of
Motion for Preliminary Injunction and for Appointment of Federal Observers (filed 5/19/14)
- Plaintiffs' Motion for Preliminary
Injunction (filed 5/19/14)
- Brief in Support
- Master Joint Appendix
- Supplemental Appendix
- Declaration of Kay Gordon Brandon
- Exhibit 1 Declaration of Sarah Bufkin
- Exhibit 2 Declaration of Bessie
Carrington
- Exhibit 3 Declaration of Masac Dorlouis
- Exhibit 4 Declaration of Rosa Nell Eaton
- Exhibit 5 Declaration of Armenta Eaton
- Exhibit 6 Declaration of Nicole Latrice
Little
- Exhibit 7 Declaration of Renee Michaux
- Exhibit 8 Declaration of Melvin Montford
- Exhibit 9 Declaration of Rev. Dr.
William J. Barber, II
- Exhibit 10 Declaration of Maria Teresa
Unger Palmer
- Additional Declaration of Bob Phillips
- Additional Declaration of Octavia
Rainey
- Additional Declaration of Hugh Stohler
- Additional Declaration of Goldie Frinks
Wells
- Additional Declaration of Gary Bartlett
- Additional Declaration of Henry M.
Michaux, Jr.
- Additional Declaration of Josh Stein
- Additional Declaration of George Gilbert
- Additional Declaration of Alma Adams
- Additional Declaration Daniel T. Blue,
Jr.
- Additional Declaration of Larry D. Hall
- Additional Declaration Senator Earline
Parmon
- Additional Declaration Shelly Willingham
- Additional Declaration Rick Glazier
- Additional Declaration Mary Price Taylor
Harrison
- Additional Declaration Kenneth Leigh
Goodman
- Additional Declaration of FLoyd
McKissick Jr.
- Additional Declaration Eleanor G.
Kinnaird
- Additional Declaration Angela R. Bryant
- Additional Declaration Grier Martin
- Additional Declaration Jacqueline Taylor
- Additional Declaration Marilyn Harris
- Additional Declaration Harry Sawyer
- Additional Declaration Ion V. Sancho
- Additional Declaration Dawson Blaire
Gould
- Deposition of Carolina State Board of
Elections
- Deposition of Marc Burris
- Expert Report of Paul Gronke
- Expert Report of Allan J. Lichtman,
- Declaration of Charles Stewart III
- Expert Report of Lorraine C. Minnite
- Expert Report of Barry C. Burden
- Additional Declaration of Henry M.
Michaux, Jr.
- Expert Report of J. Morgan Kousser
- Declaration of Steven F. Lawson
- Expert Report of James L. Leloudis II
- Expert Report of Theordore T. Allen
- Expert Report of Peter Levine et al.
- Additional Exhibit
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- Declaration of Peyton McCrary
- Additional Exhibit
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- Brief in Support
- Joint Status Report (filed 5/22/14)
- Defendants' Motion for Extension of Time (filed 5/28/14)
- Plaintiffs' Opposition to Defendants' Motion for Extension of Time (filed 5/29/14)
- Order Granting Defendants' Motion for
Extension of Time in part (filed 5/29/14)
- Motion to Voluntarily Dismiss Plaintiffs Baheeyah Madany and New Oxley Hill Baptist Church (filed 6/11/14)
- Third Party Legislators and Defendants' Brief regarding Legislative Immunity (filed 6/11/14)
- United States' Brief regarding Legislative Immunity (filed 6/11/14)
- Plaintiffs' Brief regarding Legislative Immunity (filed 6/11/14)
- Amicus Corporate Disclosure (filed 6/18/14)
- Allied Educational Foundation's Motion to file Amicus Curiae (filed 6/18/14)
- Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction (filed 6/18/14)
- Exhibit 1 Part 1
- Exhibit 1 Part 2
- Exhibit 1 Part 3
- Exhibit 1 Part 4
- Exhibit 2 Part 1
- Exhibit 2 Part 2
- Exhibit 2 Part 3
- Exhibit 3
- Exhibit 4
- Deposition of Janet Thornton (filed 6/18/14)
- Declaration of John Davis (filed 6/18/14)
- Deposition of Sean Trende (filed 6/18/14)
- Declaration of Thomas Hofeller
- Declaration of Thomas Fetzer
- Declaration of Cherie Poucher
- Declaration of Michael Dickerson
- Declaration of Carolyn Justice
- Transcript of Senate Hearing
- Map 1
- Map 2
- Map 3
- Map 4
- Map 5
- Map 6
- Map 7
- Map 8
- Map 9
- Map 10
- Map 11
- Map 12
- Map 13
- Map 14
- Map 15
- Map 16
- Map 17
- Map 18
- Map 19
- Map 20
- Map 21
- Map 22
- Exhibit 1 Part 1
- Plaintiffs' Opposition to Motion for Judgment on the Pleadings (filed 6/18/14)
- United States' Opposition to Motion for Judgment on the Pleadings (filed 6/18/14)
- Order granting Motion for Leave to file an Amicus Curiae(filed 6/19/14)
- Allied Educational Foundation's Amicus Curiae (filed 6/19/14)
- Defendant and Legislators' Response Brief regarding Legislative Immunity (filed 6/25/14)
- Plaintiffs' Motion to Compel (filed 6/25/14)
- Plaintiffs' Motion to Expedite Court's Resolution of Plaintiffs' Motion to Compel (filed 6/25/14)
- United States' Response regarding Legislative Immunity (filed 6/25/14)
- Plaintiffs' Response regarding Legislative Immunity (filed 6/25/14)
- Defendants' Response to Plaintiffs' Motion to Compel (filed 6/26/14)
- Order Granting Motion to Expedite and
Motion to Compel (filed 6/26/14)
- Plaintiffs' Motion to Strike (filed 6/30/14)
- Plaintiffs' Motion to Strike (filed 6/30/14)
- Plaintiff's Motion to Strike (filed 6/30/14)
- Defendants' Reply regarding Motion for
Judgment on the Pleading (filed 6/30/14)
- Plaintiffs' Reply in support of Motion for
Preliminary Injunction (filed 6/30/14)
- United States' Reply in Support of Motion for Preliminary Injunction (filed 6/30/14)
- United Sates' Notice of Subsequently Decided Authority (filed 7/3/14)
- Defendant's Designation of Deposition
Testimony (filed
7/11/14)
- Intervenor-Plaintiffs' Memorandum regarding
Standing (filed
7/11/14)
- Plaintiff's Designation of Deposition
Testimony (filed
7/11/14)
- Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D
- Exhibit E
- Exhibit F
- Exhibit G
- Exhibit H
- Exhibit I
- Exhibit J
- Exhibit K
- Exhibit L
- Exhibit M
(filed 7/19/14) - Exhibit A
- Defendant's Response to various Motions by
Plaintiff (filed
7/21/14)
- Plaintiff's Reply regarding Motion to
Strike (filed
7/25/14)
- Order denying Motion for Preliminary Injunction
and Motion for Summary Judgment (filed 8/8/14)
- Notice of Appeal (filed 8/18/14)
- Second Supplemental Protective Order (filed 9/25/14)
- USCA Recall and Stay of Mandate (filed 10/10/14)
- Plaintiffs' Joint Motion for Status Conference (filed 10/14/14)
- Text Order granting Motion for Status Conference (filed 10/20/14)
- Briefing Order (filed
10/7/14)
- Order regarding discovery (filed
11/20/14)
- Plaintiff's Notice to modify Discovery Order (filed
11/24/14)
- Plaintiff's Motion for Expedite Resolution of Motion to Modify Discovery Deadlines (filed
11/24/14)
- Order granting Motion to Expedite (filed 11/26/14)
- Defendant's Opposition to Motion to
Expedite (filed
12/03/14)
- Defendant's Motion to Reset Trial Date (filed
12/03/14)
- Plaintiff's Response to Motion to Reset Trial Date (filed
12/04/14)
- USA's Response to Motion to Reset Trial Date (filed
12/04/14)
- Plaintiff's Objection to Recommended Ruling (filed
12/04/14)
- Plaintiff's Motion to Expedite (filed
12/04/14)
- Order denying Motion to Reschedule Trial (filed
12/05/14)
- Defendant's Objection to Recommended Ruling (filed
12/19/14)
- United States' Respose to Opposition (filed
1/02/15)
- Plaintiff's Response to Opposition (filed
1/05/15)
- Stipulation and Order (filed 2/2/15)
- Defendants' Motion to Expedite Hearing on
Defendant's Objection (filed 2/2/15)
- Joint Motion to Amend Expert Disclosure Deadlines (filed 2/3/15)
- Order granting Motion to Amend Deadlines (filed 2/04/15)
- Order overruling Plaintiffs' and Defendants' Objection (filed 2/04/15)
- Joint Motion to Enforce (filed 2/09/15)
- Joint Motion to Amend Discovery Deadlines (filed 2/27/15)
- Status Report (filed 3/2/15)
- Defendant's Status Report (filed 3/5/15)
- Order granting Joint Motion to Amend Discovery
Deadlines (filed 3/9/15)
- Stipulation dismissing Plaintiff-Intervenors (filed 3/10/15)
- Stipulation dismissing Plaintiff Clinton Tabernacle (filed 3/12/15)
- Joint Motion to Deem Requests for Admission to
Comply with Scheduling Order (filed 3/17/15)
- Joint Motion to Expedite (filed 3/17/15)
- Text Order granting Motion to Expedite (filed 3/23/15)
- Joint Motion for Clarification as to Deadlines (filed 3/30/15)
- Plaintiff's Response regarding Requests for Admission (filed 3/30/15)
- Defendant's Notice of Intent to file Dispositive Motions (filed 3/30/15)
- Order (filed 3/30/15)
- Order granting Motion to Clarify Deadlines (filed 4/2/15)
- Order granting Motion regarding Requests for Admission (filed 4/2/15)
- Plaintiffs' Motion for Extension of Time (filed 4/10/15)
- Scheduling Order (filed 4/13/15)
- Plaintiffs' Notice of Intent to File Dispositive Motions (filed 4/17/15)
- Consent Motion for Extension of Time (filed 4/17/15)
- Order granting Motion for Extension of Time (filed 4/20/15)
- USA's Joint Motion to Modify Discovery Deadline (filed 4/24/15)
- Order granting Motion to Modify Discovery Deadlines (filed 4/28/15)
- Text Ordering that there will be no hearing on May 7th (filed 5/5/15)
- Order consolidating three cases (filed 5/5/15)
- For further district court filings, see League of Women Voters of North Carolina v. Howard.
PDF files in this site require
Commentary
The Perils of Voting by Mail
Steven F. Huefner
Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.
more commentary...