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In Re Citizens for Fair Representation, et al.
Paid petition
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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In a case challenging the constitutionality of the apportionment of legislative districts, may a district judge, sitting alone, decide a motion to dismiss for lack of standing or, rather, does this Court’s unanimous opinion in Shapiro v. McManus, 136 S. Ct. 450 (2015), require that that motion be decided by a three-judge district court convened pursuant to 28 U.S.C. §2284(a)?
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May the Chief Circuit Judge interfere with a district judge’s exercise of responsibility pursuant to 28 U.S.C. §2284(b)(1) by instructing the district judge to withdraw the notice issued pursuant to that section and decide the motion to dismiss as a single-judge district court?
Counsel of record
For petitioner
Scott Erik Stafne
Stafne Law Advocacy and Consulting
For respondent
George Waters
Attorney General's Office/Department of Justice
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Aug 22 2018DISTRIBUTED for Conference of 9/24/2018.
- Aug 08 2018Waiver of right of respondent Alex Padilla to respond filed.
- Jul 10 2018Petition for a writ of mandamus filed. (Response due August 27, 2018)