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Wes Allen, Alabama Secretary of State, et al. v. Marcus Caster, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10272

Decided · June 8, 2023

Questions presented

i PARTIES TO THE PROCEEDING AND RELATED PROCEEDINGS Applicants are John H. Merrill, in his official capacity as Alabama Secretary of State, State Senator Jim McClendon, and State Representative Chris Pringle. Applicants were the defendants and defendantintervenors before the U.S. District Court for the Northern District of Alabama. Respondents are Marcus Caster, Lakeisha Chestnut, Bobby Lee DeBose, Benjamin Jones, Rodney Allen Love, Manasseh Powell, Ronald Smith, and Wendell Thomas. Respondents were plaintiffs in the district court. The proceedings below were:

  1. Marcus Caster, et al. v. John Merrill, et al., No. 2:21-cv-1536 (N.D. Ala.) – preliminary injunction entered January 24, 2022; motion for stay pending appeal denied January 27, 2022. Related cases include:

  2. Evan Milligan, et al. v. John Merrill, et al., No. 2:21-cv-1530 (N.D. Ala.) – preliminary injunction entered January 24, 2022; motion for stay pending appeal denied January 27, 2022; application for stay pending appeal filed January 28, 2022, No. 21A375.

  3. Bobby Singleton, et al. v. John Merrill, et al., No. 2:21-cv-1291 (N.D. Ala.) – preliminary injunction requested as to

Case

Conference history
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Related

Argument & decision

Argued October 4, 2022 — Edmund G. LaCour · Deuel Ross · Abha Khanna · Elizabeth B. Prelogar. Audio and transcript

Decided June 8, 2023. Opinion by Roberts, C.J..

Proceedings

  1. Jul 10 2023
    Judgment issued.
    Main Document
  2. Jun 08 2023
    Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, except as to Part III–B–1. Sotomayor, Kagan, and Jackson, JJ., joined that opinion in full, and Kavanaugh, J., joined except for Part III–B–1. Kavanaugh, J., filed an opinion concurring in all but Part III–B–1. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined, in which Barrett, J., joined as to Parts II and III, and in which Alito, J., joined as to Parts II–A and II–B. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined. VIDED.
  3. Oct 04 2022
    Argued. For appellants/petitioners: Edmund G. LaCour, Jr., Solicitor General, Montgomery, Ala. For appellees: Deuel Ross, Washington, D. C. For respondents: Abha Khanna, Seattle, Wash. For United States, as amicus curiae, supporting appellees/respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
  4. Jul 21 2022
    CIRCULATED
  5. Jul 18 2022
    Amicus brief of District of Columbia not accepted for filing.( (In an granted consolidated case, it's only required to file in the lead case 21-1086). September 01, 2022)
  6. Jun 22 2022
    Record requested from the 11th Circuit.
  7. Jun 22 2022
    The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
  8. Jun 14 2022
    ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED.
  9. Mar 21 2022
    Upon consideration of the motion to modify or amend the question presented, the question presented in these cases is amended as follows: Whether the State of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U. S. C. §10301. VIDED.
  10. Feb 22 2022
    This case is consolidated with No. 21-1086, and a total of one hour is allotted for oral argument. The question presented in these cases is: Whether the District Courts in these cases correctly found a violation of section 2 of the Voting Rights Act, 52 U. S. C. §10301.
  11. Feb 22 2022
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1086. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1086. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  12. Feb 07 2022
    Application (21A376) referred to the Court.
  13. Feb 07 2022
    Application (21A376) granted by the Court. The application is treated as a petition for a writ of certiorari before judgment (No. 21-1087). Respondents do not oppose treating the application as a petition for a writ of certiorari before judgment and do not oppose granting the petition (although they do oppose granting a stay). With that fact taken into account, the petition is granted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1536 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion).
  14. Feb 02 2022
    Response to application from respondents Marcus Caster, et al. filed.
    Main DocumentMain DocumentProof of Service
  15. Feb 02 2022
    Reply of applicants John Merrill, et al. filed.
    ReplyProof of ServiceReply
  16. Feb 01 2022
    Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED.
    Main DocumentProof of ServiceOther
  17. Feb 01 2022
    Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED.
    Main DocumentProof of Service
  18. Jan 31 2022
    Motion for Leave to File Amicus Brief and Amicus Brief of The National Republican Redistricting Trust not accepted for filing. (February 01, 2022 - Brief uploaded in wrong case)
  19. Jan 31 2022
    Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED.
    Main DocumentOtherProof of Service
  20. Jan 31 2022
    Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust.
    Main DocumentProof of Service
  21. Jan 28 2022
    Application (21A376) for a stay or injunctive relief pending appeal, submitted to Justice Thomas.
    Main DocumentLower Court Orders/OpinionsLower Court Orders/OpinionsProof of Service
  22. Jan 28 2022
    Petition for a writ of certiorari before judgment filed. (Response due March 9, 2022)
    PetitionAppendixAppendix
  23. Jan 28 2022
    Response to application (21A376) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022.