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Linda H. Lamone, et al., Appellants v. O. John Benisek, et al.

Paid petition · United States District Court for the District of Maryland, No. 1:13-cv-03233-JKB · judgment November 7, 2018

Decided · June 27, 2019
Pre-decision estimate: 45% cert probability (95% interval 26%–65%)

Before the decision, about 10.9× the 4.1% base rate. The model weighted this up for a direct appeal from a three-judge district court (mandatory jurisdiction) and a petition filed soon after the judgment below.

Questions presented

  1. Are the various legal claims articulated by the three-judge district court unmanageable?

  2. Did the three-judge district court err when, in granting plaintiffs' motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs' claims, failed to view the evidence in the light most favorable to the nonmoving party, and treated as "undisputed" evidence that is the subject of still-unresolved hearsay and other evidentiary objections?

  3. Did the three-judge district court abuse its discretion in entering an injunction despite the plaintiffs' years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting? JURISDICTION POSTPONED 1/4/2019

Counsel of record

For petitioner
Steven Marshall Sullivan

For respondent
Michael B. Kimberly
McDermott Will & Emery LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
24 cert-stage

Argument & decision

Argued March 26, 2019 — Steven M. Sullivan · Michael B. Kimberly. 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 (Decided together with No. 18-422). 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. VIDED.
  3. Mar 26 2019
    Argued. For appellants: Steven M. Sullivan, Solicitor General, Baltimore, Md. For appellees: Michael B. Kimberly, Washington, D. C.
  4. Mar 15 2019
    Reply of appellants Linda Lamone, et al. filed. (Distributed)
  5. Mar 11 2019
    Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (Corrected brief submitted).
  6. Mar 11 2019
    Brief amicus curiae of Floyd Abrams Institute for Freedom of Expression filed (March 18, 2019) (also in 18-422). (Distributed)
  7. Mar 08 2019
    Brief amici curiae of First Amendment and Election Law Scholars filed (also in 18-422). (Distributed)
  8. Mar 08 2019
    Amicus brief of Floyd Abrams Institute for Freedom of Expression not accepted for filing. (March 11, 2019)
  9. Mar 08 2019
    Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed (also in 18-422). (Distributed)
  10. Mar 08 2019
    Brief amici curiae of Bipartisan Group of Current and Former Members of the House of Representatives filed (also in 18-422). (Distributed)
  11. Mar 08 2019
    Brief amicus curiae of Constitutional Accountability Center filed (also in 18-422). (Distributed)
  12. Mar 08 2019
    Brief amicus curiae of Senator Sheldon Whitehouse filed. (Distributed)
  13. Mar 08 2019
    Brief amici curiae of Political Science Professors filed (also in 18-422). (Distributed)
  14. Mar 08 2019
    Brief amicus curiae of the American Jewish Committee filed (also in 18-422). (Distributed)
  15. Mar 08 2019
    Brief amici curiae of Constitutional Law Scholars Michael C. Dorf, et al. filed. (Distributed)
  16. Mar 08 2019
    Brief amici curiae of Governors Arnold Schwarzenegger and Lawrence Joseph Hogan, Jr. filed (also in 18-422). (Distributed)
  17. Mar 08 2019
    Brief amici curiae of the American Civil Liberties Union, et al. filed (also in 18-422). (Distributed)
  18. Mar 08 2019
    Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed (also in 18-422). (Distributed)
  19. Mar 08 2019
    Brief amici curiae of Historians filed (also in 18-422). (Distributed)
  20. Mar 08 2019
    Brief amicus curiae of Lawyers' Committee for Civil Rights Under Law filed (also in 18-422). (Distributed)
  21. Mar 08 2019
    Brief amici curiae of International Municipal Lawyers Association, et al. filed (also in 18-422). (Distributed)
  22. Mar 08 2019
    Brief amici curiae of Anti-Defamation League, et al. filed (also in 18-422). (Distributed)
  23. Mar 08 2019
    Brief amicus curiae of Professor Michael Kang filed (also in 18-422). (Distributed)
  24. Mar 08 2019
    Brief amici curiae of Mathematicians, Law Professors, and Students filed (also in 18-422). (Distributed)
  25. Mar 06 2019
    Amicus brief of Robert Lee Stone, Jr., and John Harvard Lomax, Jr. not accepted for filing. (Corrected version submitted)
  26. Mar 06 2019
    Brief amici curiae of Robert Lee Stone, Jr., and John Harvard Lomax, Jr. filed. (March 8, 2018). (Distributed)
  27. Mar 06 2019
    Brief amicus curiae of Stephen M. Shapiro filed. (Distributed)
  28. Mar 04 2019
    Brief of appellees John Benisek, et al. filed. (Distributed)
  29. Feb 14 2019
    CIRCULATED
  30. Feb 12 2019
    Brief amicus curiae of Representative David Trone filed.
  31. Feb 12 2019
    Brief amici curiae of Bernard Grofman and Ronald Keith Gaddie in support of neither party filed (also in 18-422). (Distributed)
  32. Feb 12 2019
    Brief amici curiae of The Wisconsin State Senate and Wisconsin State Assembly filed. (Distributed)
  33. Feb 11 2019
    Brief amicus curiae of David Orentlicher filed (also in 18-422).
  34. Feb 08 2019
    Joint appendix (5 volumes) filed. (Statement of costs filed)
  35. Feb 08 2019
    Brief of appellants Linda Lamone, et al. filed.
  36. Feb 07 2019
    Blanket Consent filed by Respondents, John Benisek, et al..
  37. Jan 25 2019
    SET FOR ARGUMENT on Tuesday, March 26, 2019
  38. Jan 25 2019
    Blanket Consent filed by Petitioners, Linda Lamone, et al..
  39. 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.
  40. Jan 04 2019
    Motion for leave to file amicus brief filed by David Trone GRANTED.
  41. 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.
  42. Dec 19 2018
    DISTRIBUTED for Conference of 1/4/2019.
  43. Dec 19 2018
    Motion for leave to file amicus brief filed by David Trone. (Distributed)
  44. Dec 18 2018
    Opposition to motion of appellants Linda Lamone, et al. filed. (Distributed)
  45. Dec 11 2018
    Motion to affirm filed by appellees John Benisek, et al.
  46. Dec 03 2018
    Statement as to jurisdiction filed. (Response due January 7, 2019)