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Richard Rose, et al. v. Brad Raffensperger, Georgia Secretary of State

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12593 · judgment November 24, 2023


Certiorari denied · June 24, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

For nearly 40 years, this Court has analyzed claims of vote dilution under Section 2 of the Voting Rights Act of 1965 using the framework established in Thornburg v. Gingles, 478 U.S. 30 (1986). This Court reaffirmed that familiar framework in Allen v. Milligan, 599 U.S. 1 (2023). The questions presented are:

  1. In a vote-dilution challenge to at-large elections imposed by state law, does Section 2 also require a plaintiff to propose a remedy that does not alter the State’s chosen electoral model?

  2. Are a State’s asserted policy interests for its choice of at-large elections entitled to insurmountable weight under Section 2? (i)

Counsel of record

For petitioner
Bryan Ludington Sells
The Law Office of Bryan L. Sells LLC

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 cert-stage

Linked docket
23A764

Proceedings

  1. Aug 19 2024
    Rehearing DENIED.
  2. Jul 25 2024
    DISTRIBUTED.
  3. Jul 19 2024
  4. Jun 24 2024
    Petition DENIED.
  5. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  6. Jun 04 2024
    Reply of petitioners Richard Rose, et al. filed. (Distributed)
  7. Jun 03 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
  8. May 28 2024
    Brief of respondent Brad Raffensperger in opposition filed.
  9. Apr 26 2024
    Brief amici curiae of Constitutional Law Scholars Quinn Yeargain, et al. filed.
  10. Apr 26 2024
    Brief amicus curiae of Georgia Conservation Voters Education Fund filed.
  11. Apr 26 2024
    Brief amicus curiae of Sierra Club filed.
  12. Apr 12 2024
    Motion to extend the time to file a response is granted in part and the time is extended to and including May 28, 2024.
  13. Apr 11 2024
    Motion to extend the time to file a response from April 26, 2024 to June 25, 2024, submitted to The Clerk.
  14. Mar 29 2024
    Brief amici curiae of FairVote, et al. filed.
  15. Mar 25 2024
    Petition for a writ of certiorari filed. (Response due April 26, 2024)
  16. Mar 15 2024
    Application (23A764) denied by Justice Thomas.
  17. Mar 12 2024
    Renewed application of Richard Rose, et al. not accepted for filing. (March 14, 2024)
  18. Mar 12 2024
    Application (23A764) to extend further the time from March 23, 2024 to April 22, 2024, submitted to Justice Thomas.
  19. Feb 21 2024
    Application (23A764) granted by Justice Thomas extending the time to file until March 23, 2024.
  20. Feb 12 2024
    Application (23A764) to extend the time to file a petition for a writ of certiorari from February 22, 2024 to April 22, 2024, submitted to Justice Thomas.