Supreme Court Report

Supreme Court of the United States · Official docket →

Beverly R. Gill, et al., Appellants v. William Whitford, et al.

Paid petition · United States District Court for the Western District of Wisconsin, No. 15-cv-421-bbc · judgment November 21, 2016

Decided · June 18, 2018
At-filing estimate: 8% cert probability (95% interval 3%–16%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a direct appeal from a three-judge district court (mandatory jurisdiction).

Questions presented

1.Did the district court violate Vieth v. Jubelirer, 541 U.S. 267 (2004), when it held that it had the authority to entertain a statewide challenge to Wisconsin's redistricting plan, instead of requiring a district-by-district analysis?

  1. Did the district court violate Vieth when it held that Wisconsin's redistricting plan was an impermissible partisan gerrymander, even though it was undisputed that the plan complies with traditional redistricting principles?

  2. Did the district court violate Vieth by adopting a watered-down version of the partisangerrymandering test employed by the plurality in Davis v. Bandemer, 478 U.S. 109 (1986)?

  3. Are Defendants entitled, at a minimum, to present additional evidence showing that they would have prevailed under the district court's test, which the court announced only after the record had closed?

  4. Are partisan-gerrymandering claims justiciable? FURTHER CONSIDERATION OF THE QUESTION OF JURISDICTION IS POSTPONED TO THE HEARING OF THE CASE ON THE MERITS. JURISDICTION NOTED 6/19/2017

Counsel of record

For appellant
Misha Tseytlin
Troutman Pepper Locke LLP

For appellee
Paul March Smith
Campaign Legal Center

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
5 cert-stage · 48 merits
(16 supporting pet./neither, 32 respondent)

Linked docket
16A1149

Argument & decision

Argued October 3, 2017 — Misha Tseytlin · Paul M. Smith. Listen and read along · the Court’s audio

Decided June 18, 2018. Opinion by Roberts, C.J..

Proceedings

  1. Aug 29 2018
    The record from the U.S.D.C. Western District of Wisconsin has been returned.
  2. Jul 20 2018
    JUDGMENT ISSUED.
  3. Jun 18 2018
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas and Gorsuch, JJ., joined except as to Part III. Kagan, J., filed a concurring opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Gorsuch, J., joined.
  4. Oct 03 2017
    Argued. For appellants: Misha Tseytlin, Solicitor General, Madison, Wis.; and Erin E. Murphy, Washington, D. C. (for Wisconsin State Senate, et al., as amici curiae.) For appellees: Paul M. Smith, Washington, D. C.
  5. Sep 25 2017
    Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument GRANTED.
  6. Sep 15 2017
    Reply of appellants Beverly R. Gill, et al. filed. (Distributed)
  7. Sep 05 2017
    Brief amici curiae of Political Science Professors filed. (Distributed)
  8. Sep 05 2017
    Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
  9. Sep 05 2017
    Brief amici curiae of Political Geography Scholars filed. (Distributed)
  10. Sep 05 2017
    Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed)
  11. Sep 05 2017
    Brief amici curiae of Law Professors filed. (Distributed)
  12. Sep 05 2017
    Brief amici curiae of Senators John McCain and Sheldon Whitehouse filed. (Distributed)
  13. Sep 05 2017
    Brief amici curiae of Historians filed. (Distributed)
  14. Sep 05 2017
    Brief amici curiae of Republican Statewide Officials Senators Bill Brock, et al. filed. (Distributed)
  15. Sep 05 2017
    Brief amici curiae of States of Oregon, et al. filed. (Distributed)
  16. Sep 05 2017
    Brief amici curiae of League of Conservation Voters, et al. filed. (Distributed)
  17. Sep 05 2017
    Brief amicus curiae of Center for Media and Democracy filed. (Distributed)
  18. Sep 05 2017
    Brief amici curiae of Georgia State Conference of the NAACP, et al. filed. (Distributed)
  19. Sep 05 2017
    Brief amici curiae of California Citizens Redistricting Commission, et al. filed. (Distributed)
  20. Sep 05 2017
    Brief amici curiae of Represent.Us, et al. filed. (Distributed)
  21. Sep 05 2017
    Brief amici curiae of Constitutional Law Professors filed. (Distributed)
  22. Sep 05 2017
    Brief amici curiae of Current Members of Congress, et al. filed. (Distributed)
  23. Sep 05 2017
    Brief amici curiae of Bipartisan Group of 65 Current and Former State Legislators filed. (Distributed)
  24. Sep 05 2017
    Brief amicus curiae of Common Cause filed. (Distributed)
  25. Sep 05 2017
    Brief amicus curiae of League of Women Voters filed. (Distributed)
  26. Sep 05 2017
    Brief amici curiae of Fairvote and One Nation One Vote filed. (Distributed)
  27. Sep 05 2017
    Brief amici curiae of Election Law and Constitutional Law Scholars filed. (Distributed)
  28. Sep 05 2017
    Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
  29. Sep 05 2017
    Brief amici curiae of Bipartisan Group of Current and Former Members of Congress filed. (Distributed)
  30. Sep 05 2017
    Brief amicus curiae of David Boyle filed. (Distributed)
  31. Sep 05 2017
    Brief amici curiae of Robin Best, et al. filed. (Distributed)
  32. Sep 01 2017
    Brief amici curiae of American Jewish Committee, et al. filed.(Distributed)
  33. Sep 01 2017
    Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
  34. Sep 01 2017
    Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. (Distributed)
  35. Sep 01 2017
    Brief amici curiae of 44 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
  36. Sep 01 2017
    Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
  37. Aug 31 2017
    Brief amicus curiae of Eric S. Lander filed. (Distributed)
  38. Aug 30 2017
    Brief amici curiae of Heather K. Gerken, et al. filed. (Distributed)
  39. Aug 30 2017
    Motion of Wisconsin State Senate and Wisconsin State Assembly for leave to participate in oral argument as amici curiae and for divided argument filed.
  40. Aug 28 2017
    Brief of appellees William Whitford, et al. filed. (Distributed)
  41. Aug 14 2017
    CIRCULATED.
  42. Aug 10 2017
    Brief amicus curiae of Eric McGhee in support of neither party filed.
  43. Aug 10 2017
    Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed. (Distributed)
  44. Aug 09 2017
    Record received from the U.S.D.C. Western District of Wisconsin. ( 1 Envelope )
  45. Aug 04 2017
    Brief amicus curiae of Wisconsin Institute for Law & Liberty filed.
  46. Aug 04 2017
    Brief amici curiae of Majority Leader and Temporary President of the New York State Senate and members of the Majority Coalition filed.
  47. Aug 04 2017
    Brief amici curiae of States of Texas, et al. filed.
  48. Aug 04 2017
    Brief amici curiae of Wisconsin State Senate and Wisconsin State Assembly filed.
  49. Aug 04 2017
    Brief amicus curiae of Southeastern Legal Foundation filed.
  50. Aug 04 2017
    Brief amicus curiae of the Legacy Foundation filed.
  51. Aug 04 2017
    Brief amicus curiae of Republican State Leadership Committee filed.
  52. Aug 04 2017
    Brief amicus curiae of National Republican Congressional Committee filed.
  53. Aug 04 2017
    Brief amicus curiae of Wisconsin Manufacturers & Commerce filed.
  54. Aug 04 2017
    Brief amici curiae of Plaintiffs in the Maryland Redistricting Litigation, Benisek v. Lamone (formerly Shapiro v. McManus), supporting neither party filed.
  55. Aug 04 2017
    Brief amici curiae of American Civil Rights Union, et al. filed.
  56. Aug 03 2017
    Brief amicus curiae of Republican National Committee filed.
  57. Aug 03 2017
    Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
  58. Aug 03 2017
    Brief amici curiae of Tennessee State Senators filed.
  59. Aug 01 2017
    Record requested from the U.S.D.C. Western Dist. of Wisconsin.
  60. Jul 28 2017
    Brief of appellant Beverly R.Gill, et al. filed.
  61. Jul 28 2017
    Joint appendix filed. (2 Volumes) (Statement of costs filed)
  62. Jul 19 2017
    SET FOR ARGUMENT on Tuesday, October 3, 2017.
  63. Jul 17 2017
    Consent to the filing of amicus curiae briefs in support of either party, or neither party from counsel for the appellees received.
  64. Jul 13 2017
    Consent to the filing of timely amicus curiae briefs in support of either party or neither party from counsel for the appellants received.
  65. Jun 19 2017
    The application for stay presented to Justice Kagan and by her referred to the Court is granted, and it is ordered that the judgment of the United States District Court for the Western District of Wisconsin, case No. 3:15-cv-00421, entered January 27, 2017, amended February 22, 2017, and corrected March 15, 2017, is stayed pending disposition of the appeal in this Court. Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan would deny the application for stay.
  66. Jun 19 2017
    Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits.
  67. Jun 12 2017
    DISTRIBUTED for Conference of June 15, 2017.
  68. Jun 09 2017
    Application (16A1149) referred to the Court.
  69. Jun 08 2017
    Reply of applicant Beverly R. Gill, et al. filed.
  70. Jun 07 2017
    Response to application from respondent William Whitford, et al. filed.
  71. May 25 2017
    Motion for leave to file amici brief in support of stay filed by Wisconsin State Senate, et al.
  72. May 24 2017
    Response to application (16A1149) requested by Justice Kagan, due Wednesday, June 7, 2017, by 11 a.m. ET.
  73. May 23 2017
    DISTRIBUTED for Conference of June 8, 2017.
  74. May 22 2017
    Application (16A1149) for a stay pending appeal, submitted to Justice Kagan.
  75. May 18 2017
    Opposition to motion to affirm of appellants Beverly R. Gill, et al. filed.
  76. May 08 2017
    Motion to affirm filed by appellees William Whitford, et al.
  77. Apr 24 2017
    Brief amicus curiae of The Wisconsin Institute for Law and Liberty filed.
  78. Apr 24 2017
    Brief amici curiae of The States of Texas, et al. filed.
  79. Apr 24 2017
    Brief amici curiae of Wisconsin State Senate, et al. filed.
  80. Apr 24 2017
    Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation filed.
  81. Apr 24 2017
    Brief amici curiae of The Republican National Committee, et al. filed.
  82. Apr 18 2017
    Consent to the filing of amicus curiae briefs in support of either party or neither party from counsel for the appellants filed.
  83. Apr 05 2017
    Order extending time to file response to statement as to jurisdiction to and including May 15, 2017.
  84. Mar 24 2017
    Statement as to jurisdiction filed. (Response due April 24, 2017)
  85. Mar 24 2017
    Appendix of Beverly R. Gill, et al. filed.