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Robert A. Rucho, et al., Appellants v. Common Cause, et al.

Paid petition · United States District Court for the Middle District of North Carolina, No. 1:16-CV-1026 · judgment August 27, 2018

Decided · June 27, 2019
Pre-decision estimate: 60% cert probability (95% interval 39%–77%)

Before the decision, about 14.4× the 4.1% base rate. The model weighted this up for a direct appeal from a three-judge district court (mandatory jurisdiction), a petition filed soon after the judgment below, and counsel with five or more prior petitions here.

Questions presented

Earlier this year, while Gill v. Whitford was pending before this Court, a threejudge district court invalidated North Carolina's 2016 congressional districting map as a partisan gerrymander. After Gill was handed down, this Court vacated that decision and remanded for further consideration in light of Gill. That period of reconsideration did not last long. In the decision below, the district court largely readopted its previous reasoning and became the first post-Gill court to divine a justiciable test-in fact, four tests-and invalidate a legislatively enacted map as a partisan gerrymander. Although plaintiffs here, like those in Gill , sought to vindicate only generalized partisan preferences , the court concluded they had standing. The court then found justiciable standards for partisan gerrymandering claims under the Equal Protection Clause, the First Amendment, and (uniquely in the history of redistricting litigation) the Elections Clauses of Article I. The court found the 2016 map to violate each of those newly articulated tests and enjoined the State from using the map after the November 2018 elections. The questions presented are:

  1. Whether plaintiffs have standing to press their partisan gerrymandering claims.

  2. Whether plaintiffs' partisan gerrymandering claims are justiciable.

  3. Whether North Carolina's 2016 congressional map is, in fact, an unconstitutional partisan gerrymander. JURISDICTION POSTPONED 1/4/2019

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Emmet J Bondurant II
Bondurant, Mixson & Elmore, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
40 cert-stage

Argument & decision

Argued March 26, 2019 — Paul D. Clement · Emmet J. Bondurant · Allison J. Riggs. Audio and transcript

Decided June 27, 2019. Opinion by Roberts, C.J..

Proceedings

  1. Jul 29 2019
    JUDGMENT ISSUED.
  2. Jun 27 2019
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. (Decided together with No. 18-726.) VIDED.
  3. Mar 26 2019
    Argued. For appellants: Paul D. Clement, Washington, D. C. For appellees Common Cause, et al.: Emmet J. Bondurant, II, Atlanta, Ga. For appellees League of Women Voters of North Carolina, et al.: Allison J. Riggs, Durham, N. C.
  4. Mar 19 2019
    Reply of appellants Robert A. Rucho, et al. filed. (Distributed)
  5. Mar 15 2019
    Joint motion of appellees for enlargement of time for oral argument and for divided argument GRANTED in part, and the time is divided as follows: 35 minutes for appellants, 20 minutes for appellees Common Cause, et al., and 15 minutes for appellees League of Women Voters of North Carolina, et al.
  6. Mar 11 2019
    Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
  7. Mar 11 2019
    Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-726). (Distributed)
  8. Mar 08 2019
    Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
  9. Mar 08 2019
    Brief amicus curiae of Professor D. Theodore Rave filed. (Distributed)
  10. Mar 08 2019
    Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-726). (Distributed)
  11. Mar 08 2019
    Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
  12. Mar 08 2019
    Brief amici curiae of Professors Wesley Pegden, et al. filed. (Distributed)
  13. Mar 08 2019
    Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-726). (Distributed)
  14. Mar 08 2019
    Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-726). (Distributed)
  15. Mar 08 2019
    Brief amici curiae of Professors Christopher S. Elmendorf, et al. filed. (Distributed)
  16. Mar 08 2019
    Brief amicus curiae of Constitutional Accountability Center filed. (also in 18-726) (Distributed)
  17. Mar 08 2019
    Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
  18. Mar 08 2019
    Brief amici curiae of States of Oregon, et al. filed. (Distributed)
  19. Mar 08 2019
    Brief amici curiae of 27 Election Law, Scientific Evidence, and Empirical Legal Scholars filed. (Distributed)
  20. Mar 08 2019
    Brief amicus curiae of the American Jewish Committee filed (also in 18-726). (Distributed)
  21. Mar 08 2019
    Brief amici curiae of Political Science Professors filed (also in18-726). (Distributed)
  22. Mar 08 2019
    Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-726). (Distributed)
  23. Mar 08 2019
    Brief amici curiae of Democracy North Carolina and The People's Alliance Fund filed. (Distributed)
  24. Mar 08 2019
    Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-726). (Distributed)
  25. Mar 08 2019
    Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-726). (Distributed)
  26. Mar 08 2019
    Brief amici curiae of Historians filed (also in 18-726). (Distributed)
  27. Mar 08 2019
    Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-726). (Distributed)
  28. Mar 08 2019
    Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-726). (Distributed)
  29. Mar 08 2019
    Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-726). (Distributed)
  30. Mar 08 2019
    Brief amicus curiae of Professor Michael Kang filed (also in 18-726). (Distributed)
  31. Mar 08 2019
    Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-726). (Distributed)
  32. Mar 07 2019
    Brief amicus curiae of First Amendment Clinic Duke Law School filed. (Distributed)
  33. Mar 07 2019
    Brief amicus curiae of Eric S. Lander filed. (Distributed)
  34. Mar 06 2019
    Brief amici curiae of Colleagues of Professor Norman Dorsen filed. (Distributed)
  35. Mar 04 2019
    Brief of appellees League of Women Voters of North Carolina, et al. filed. (Reprinted version submitted)
  36. Mar 04 2019
    Brief of appellees League of Women Voters of North Carolina, et al. filed. (March 5, 2019) (Distributed)
  37. Mar 04 2019
    Brief of appellees Common Cause, et al. filed. (Distributed)
  38. Feb 21 2019
    Record requested from the U.S.D.C. Middle Dist. of North Carolina.
  39. Feb 21 2019
    Record from the U.S.C.A 4th Circuit is electronic and located on PACER.
  40. Feb 15 2019
    Brief amici curiae of States of Texas, et al. filed. (Distributed)
  41. Feb 14 2019
    CIRCULATED
  42. Feb 12 2019
    Brief amici curiae of the American Civil Rights Union and Southeastern Legal Foundation filed. (Distributed)
  43. Feb 12 2019
    Brief amici curiae of Judicial Watch, Inc. and Allied Educational Foundation in support of neither party filed. (Distributed)
  44. Feb 12 2019
    Brief amicus curiae of Public Interest Legal Foundation filed. (Distributed)
  45. Feb 12 2019
    Brief amici curiae of The Republican National Committee and the National Republican Congressional Committee filed. (Distributed)
  46. Feb 12 2019
    Brief amici curiae of Members of Congress from the North Carolina Delegation filed. (Distributed)
  47. Feb 12 2019
    Brief amicus curiae of Texas House Representative Carl Isett filed. (Distributed)
  48. Feb 12 2019
    Brief amicus curiae of Speaker Michael C. Turzai filed. (Distributed)
  49. Feb 12 2019
    Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-726). (Distributed)
  50. Feb 12 2019
    Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
  51. Feb 11 2019
    Brief amicus curiae of David Orentlicher in support of neither party filed (also in 18-726).
  52. Feb 11 2019
    Brief amicus curiae of The National Republican Redistricting Trust filed. (Distributed)
  53. Feb 08 2019
    Joint appendix (2 volumes) filed. (Statement of costs received)
  54. Feb 08 2019
    Brief of appellants Robert A. Rucho, et al. filed.
  55. Feb 05 2019
    Blanket Consent filed by Respondents, Common Cause, et al..
  56. Feb 05 2019
    Blanket Consent filed by Respondent, League of Women Voters of North Carolina, et al.
  57. Feb 05 2019
    Joint motion for enlargement of time for oral argument and for divided argument filed by appellees.
  58. Jan 30 2019
    Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
  59. Jan 25 2019
    SET FOR ARGUMENT on Tuesday, March 26, 2019
  60. Jan 08 2019
    Appellants' briefs on the merits are to be filed on or before Friday, February 8, 2019. Appellees' briefs on the merits are to be filed on or before Monday, March 4, 2019. Reply briefs on the merits are to be filed in accordance with Rule 25.3 of the Rules of this Court. Amicus curiae briefs in support of appellants or in support of neither party are to be filed on or before Tuesday, February 12, 2019. Amicus curiae briefs in support of appellees are to be filed on or before Friday, March 8, 2019.
  61. Jan 04 2019
    Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits. The case will be set for argument in the March argument session.
  62. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  63. Dec 10 2018
    Rescheduled.
  64. Nov 20 2018
    DISTRIBUTED for Conference of 12/7/2018.
  65. Nov 20 2018
    Brief opposing motion to affirm from appellants Robert A. Rucho, et al. filed. (Distributed)
  66. Nov 08 2018
    Supplemental brief of appellees Common Cause, et al. filed.
  67. Nov 05 2018
    Blanket Consent filed by Respondents, League of Women Voters of North Carolina, et al..
  68. Nov 02 2018
    Motion to affirm filed by appellees Common Cause, et al.
  69. Nov 01 2018
    Brief amicus curiae of Philip P. Kalodner filed.
  70. Oct 31 2018
    Motion to affirm filed by appellees League of Women Voters of North Carolina, et al.
  71. Oct 30 2018
    Blanket Consent filed by Petitioners, Robert A. Rucho, et al..
  72. Oct 23 2018
    Blanket Consent filed by Respondents, Common Cause, et al..
  73. Oct 01 2018
    Statement as to jurisdiction filed. (Response due November 2, 2018)