Supreme Court of the United States · Official docket →
Louisiana, Appellant v. Phillip Callais, et al.
Paid petition · United States District Court for the Western District of Louisiana, No. 3:24-cv-00122-DCJ-CES-RRS · judgment April 30, 2024
Before the decision, about 6.9× 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 who has filed here before.
Questions presented
Over the State's strenuous objections, the Middle District of Louisiana held, Robinson v. Ardoin, 605 F. Supp. 3d 759 (M.D. La. 2022)-and the Fifth Circuit affirmed, Robinson v. Ardoin, 86 F.4th 574 (5th Cir. 2023)-that Louisiana likely violated Section 2 of the Voting Rights Act (VRA) by failing to create a second majority-Black congressional district. The Fifth Circuit gave the Legislature a small window of time to adopt its own remedial plan, or else the State would have to go to trial, which would almost certainly end in the Middle District imposing its own preferred map. Rather than acquiesce in the Middle District's preferences, the Legislature reclaimed its sovereign redistricting pen and passed S.B. 8, which created a second majority-Black district as the courts demanded, protected the Legislature's sovereign prerogatives, and achieved its political goals. In this case, a majority of a three-judge court sitting in the Western District of Louisiana enjoined S.B. 8 as an unconstitutional racial gerrymander. The questions presented are:
-
Did the majority err in finding that race predominated in the Legislature's enactment of S.B. 8?
-
Did the majority err in finding that S.B. 8 fails strict scrutiny?
-
Did the majority err in subjecting S.B. 8 to the Gingles preconditions?
-
Is this action non-justiciable? CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-110. THESE CASES ARE RESTORED TO THE CALENDAR FOR REARGUMENT. IN DUE COURSE, THE COURT WILL ISSUE AN ORDER SCHEDULING ARGUMENT AND SPECIFYING ANY ADDITIONAL QUESTIONS TO BE ADDRESSED IN SUPPLEMENTAL BRIEFING. Order of August 1, 2025: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION RAISED ON PAGES 36—38 OF THE BRIEF FOR APPELLEES: WHETHER THE STATE’S INTENTIONAL CREATION OF A SECOND MAJORITY-MINORITY CONGRESSIONAL DISTRICT VIOLATES THE FOURTEENTH OR FIFTEENTH AMENDMENTS TO THE U. S. CONSTITUTION. JURISDICTION NOTED 11/4/2024
Counsel of record
For petitioner
Jorge Benjamin Aguinaga
Louisiana Department of Justice
For respondent
Edward Dean Greim
Graves Garrett LLC
Argument & decision
Argued March 24, 2025 — J. Benjamin Aguiñaga · Stuart C. Naifeh · Edward D. Greim. Audio and transcript
Decided June 27, 2025. Opinion by Alito.
Proceedings
- May 06 2026Motion to recall the judgment DENIED.
- May 05 2026Motion to recall the judgment filed by Press Robinson, et al.
- May 04 2026Application (25A1197) referred to the Court.
- May 04 2026To permit the losing party time to file a petition for rehearing, the Clerk of Court ordinarily waits 32 days after the entry of the Court’s judgment to send the opinion and a certified copy of the judgment to the clerk of the lower court. Sup. Ct. Rule 45.3. This period is subject to adjustment; the default applies “unless the Court or a Justice shortens or extends the time.” Ibid. The Callais appellees have asked for the Clerk to issue the judgment forthwith so that “in the event of a judicial remedy,” the District Court may “oversee an orderly process.” App. 3. Appellant Louisiana does not oppose this application. And while the Robinson appellants oppose it, they have not expressed any intent to ask this Court to reconsider its judgment. Thus, the application to issue the judgment forthwith presented to Justice Alito and by him referred to the Court is granted. Justice Alito, with whom Justice Thomas and Justice Gorsuch join, concurs. (Detached Opinion) Justice Jackson dissents. (Detached Opinion)
- May 04 2026Judgment Issued.
- May 01 2026Letter of applicant Phillip Callais, et al. filed.
- Apr 30 2026Response to application from Louisiana filed.
- Apr 30 2026Response to application from Press Robinson, et al. filed.
- Apr 30 2026Letter of Louisiana filed.
- Apr 30 2026Letter of Press Robinson, et al. filed.
- Apr 29 2026Judgment is AFFIRMED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion in which Gorsuch, J., joined. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined. VIDED.
- Apr 29 2026Application (25A1197) of Phillip Callais, et al. to issue the judgment forthwith, submitted to Justice Alito.
- Apr 29 2026Response to application (25A1197) requested by Justice Alito, due by 4 p.m. (EDT) on April 30, 2026.
- Nov 25 2025State's letter in response to notice of supplemental authority of Louisiana not accepted for filing. (December 01, 2025)
- Nov 24 2025Notice of Supplemental Authority of Press Robinson, et al. not accepted for filing. (December 01, 2025 - to be corrected.)
- Nov 24 2025Letter of Press Robinson, et al. notifying Court of lower court remedial opinion issued in cited authority (opinion attached) filed. VIDED. (Distributed)
- Oct 15 2025Argued. For appellants Press Robinson, et al.: Janai Nelson, New York, N. Y. For appellant Louisiana: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, La. For appellees: Edward D. Greim, Kansas City, Mo. For United States, as amicus curiae, in support of appellees: Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Oct 03 2025Supplemental reply brief of appellants Press Robinson, et al. filed. VIDED. (Distributed)
- Oct 03 2025Supplemental reply of appellant Louisiana filed. (as to 24-109) (Distributed)
- Sep 30 2025Motion to strike brief of Nancy Landry, Secretary of State of Louisiana DENIED. VIDED.
- Sep 30 2025Motion of Nancy Landry, Secretary of State of Louisiana for divided argument and for enlargement of time for oral argument DENIED. VIDED.
- Sep 30 2025Motion of Edward Galmon, Sr., Cierra Hart, Norris Henderson, Tramelle Howard, and Ross Williams for leave to participate in oral argument as amici curiae and for divided argument DENIED. VIDED.
- Sep 30 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
- Sep 29 2025Application (25A343) granted by Justice Alito for leave to file a supplemental reply brief in excess of the word limit. The brief shall not exceed 12,000 words.
- Sep 25 2025Letter of Nancy Landry, Secretary of State of Louisiana filed. VIDED.
- Sep 24 2025Brief amicus curiae of the United States filed. VIDED. (Distributed)
- Sep 24 2025Brief amici curiae of Alabama, et al. filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of Pacific Legal Foundation filed. VIDED. (Distributed)
- Sep 24 2025Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of Center for Election Confidence filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of the United States filed. VIDED. (Distributed)
- Sep 24 2025Motion for divided argument and for enlargement of time for oral argument filed by appellee Nancy Landry, Secretary of State of Louisiana. VIDED.
- Sep 24 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
- Sep 24 2025Brief amicus curiae of The Town of Newburgh filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of State of Missouri filed. VIDED. (Distributed)
- Sep 24 2025Response of Nancy Landry, Secretary of State of Louisiana to motion to strike brief filed. VIDED.
- Sep 24 2025Response of Phillip Callais, et al. to motions for divided argument of Nancy Landry, Secretary of State of Louisiana and of the Solicitor General filed. VIDED.
- Sep 24 2025Letter of Louisiana filed. VIDED.
- Sep 24 2025Brief amici curiae of Lincoln Club of Orange County, et al. filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of Landmark Legal Foundation filed. VIDED. (Distributed)
- Sep 24 2025Brief amicus curiae of Professor James F. Blumstein filed. VIDED. (Distributed)
- Sep 23 2025Brief amicus curiae of Project on Fair Representation filed. VIDED. (Distributed)
- Sep 23 2025Brief amici curiae of Public Interest Legal Foundation, et al. filed. VIDED. (Distributed)
- Sep 19 2025Motion to strike brief of Nancy Landry, Secretary of State of Louisiana filed by appellants Press Robinson, et al. VIDED.
- Sep 18 2025Motion to Strike and Application to Exceed Word Limit of Press Robinson, et al. not accepted for filing. (To be corrected - September 23, 2025)
- Sep 18 2025Application (25A343) of appellants Press Robinson, et al. for leave to file a supplemental reply brief in excess of the word limit, submitted to Justice Alito.
- Sep 17 2025Supplemental brief of appellee Nancy Landry, Secretary of State of Louisiana filed (as to 24-109). (Distributed)
- Sep 17 2025Supplemental brief of appellees Phillip Callais, et al. filed. VIDED. (Distributed)
- Sep 08 2025Motion of Edward Galmon, Sr., Cierra Hart, Norris Henderson, Tramelle Howard, and Ross Williams for leave to participate in oral argument as amici curiae and for divided argument filed. VIDED.
- Sep 05 2025Letter of Louisiana withdrawing motion for divided reargument filed. VIDED.
- Sep 03 2025Brief amici curiae of Edward Galmon, Sr., et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Louisiana Historians filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Campaign Legal Center filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Representative Troy Carter, et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Louisiana Legislative Black Caucus filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Former Republican Governor Arnold Schwarzenegger, et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Former Republican Members of Congress filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Black Voters Matter Capacity Building Institute, Inc., et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Navajo Nation in support of neither party filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Ellen D. Katz, et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Brennan Center for Justice filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Milligan Plaintiffs filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Independent State Redistricting Commissioners in support of neither party filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Professor Travis Crum filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Southern Poverty Law Center filed. VIDED. (Distributed)
- Sep 03 2025Brief amici curiae of Louisiana Mathematics and Computer-Science Professors in support on neither party filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Professor W. Kerrel Murray in support of neither party filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Professor Nicholas O. Stephanopoulos in support of neither party filed. VIDED. (Distributed)
- Sep 03 2025Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
- Sep 03 2025Amicus brief of Governor Jeff Landry not accepted for filing. (To be corrected - September 10, 2025)
- Sep 03 2025Brief amicus curiae of Governor Jeff Landry filed. VIDED. (Corrected) (Distributed)
- Sep 02 2025CIRCULATED
- Sep 02 2025Amici brief of National Conference of Black Lawyers, et al. not accepted for filing. (To be corrected - September 5, 2025)
- Sep 02 2025Brief amici curiae of National Conference of Black Lawyers, et al. filed. VIDED. (Corrected) (Distributed)
- Sep 02 2025Motion of appellant Louisiana for divided argument submitted.
- Aug 27 2025Supplemental brief of appellant Louisiana in support of affirmance filed (as to 24-109).
- Aug 27 2025Supplemental brief of appellants Press Robinson, et al. filed. VIDED.
- Aug 12 2025SET FOR REARGUMENT on Wednesday, October 15, 2025. VIDED.
- Aug 01 2025The parties are directed to file supplemental briefs addressing the following question raised on pages 36—38 of the Brief for Appellees: Whether the State’s intentional creation of a second majority-minority congressional district violates the Fourteenth or Fifteenth Amendments to the U. S. Constitution. Supplemental briefs for appellants are due on or before Wednesday, August 27, 2025. Supplemental brief for appellees is due on or before Wednesday, September 17, 2025. Reply briefs are due on or before 2 p.m., Friday, October 3, 2025. The time to file amicus curiae briefs is as provided for by this Court’s Rule 37.3. Word limits and cover colors for the briefs should correspond to the provisions of this Court’s Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs. VIDED.
- Jun 27 2025These cases are restored to the calendar for reargument. In due course, the Court will issue an order scheduling argument and specifying any additional questions to be addressed in supplemental briefing. Justice Thomas, dissenting (Detached Opinion). VIDED.
- Mar 24 2025Argued. For appellant in 24-109: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, La. For appellants in 24-110: Stuart C. Naifeh, New York, N. Y. For appellees: Edward D. Greim, Kansas City, Mo. VIDED.
- Mar 21 2025Letter of appellee Nancy Landry, the Secretary of State of Louisiana filed.
- Feb 24 2025Motion for divided argument filed by appellants GRANTED. VIDED.
- Feb 20 2025Record received electronically from the United States District Court for the Western District of Louisiana and available with the Clerk.
- Feb 20 2025Reply of appellants Press Robinson, et al. filed. VIDED. (Distributed)
- Feb 20 2025Reply of appellant Louisiana filed. (Distributed) (as to 24-109)
- Feb 19 2025CIRCULATED
- Feb 11 2025Record requested from the United States District Court for the Western District of Louisiana.
- Feb 10 2025SET FOR ARGUMENT on Monday, March 24, 2025. VIDED.
- Jan 28 2025Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
- Jan 28 2025Brief amici curiae of Alabama, et al. filed. VIDED.
- Jan 28 2025Brief amici curiae of Georgia House Of Representatives Speaker Jon Burns, et al. filed. VIDED.
- Jan 28 2025Brief amicus curiae of National Republican Congressional Committee filed. VIDED.
- Jan 27 2025Brief amicus curiae of Project on Fair Representation filed. VIDED.
- Jan 24 2025Letter of the Acting Solicitor General on behalf of the United States filed. VIDED. (Distributed)
- Jan 21 2025Brief of appellees Phillip Callais, et al. filed. VIDED.
- Jan 16 2025Motion for leave to participate in oral argument as amicus curiae and for enlargement of time for oral argument filed by the Solicitor General. VIDED. (Jan. 24, 2025 - Motion withdrawn by Acting Solicitor General.)
- Jan 16 2025Motion for divided argument filed by appellants. VIDED.
- Dec 26 2024Brief amicus curiae of Race and Democracy Scholars in support of neither party filed. VIDED.
- Dec 26 2024Brief amicus curiae of Faith Leaders in Congressional District 6 filed. VIDED.
- Dec 26 2024Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. VIDED.
- Dec 26 2024Brief amici curiae of Edward Galmon, Sr., et al. filed. VIDED.
- Dec 26 2024Brief amici curiae of District of Columbia, et al. filed. VIDED.
- Dec 26 2024Brief amici curiae of MHA Nation, et al. filed. VIDED.
- Dec 26 2024Brief amici curiae of Representative Troy Carter, et al. filed. VIDED.
- Dec 26 2024Brief amici curiae of National Congress of American Indians filed. VIDED.
- Dec 26 2024Brief amici curiae of Louisiana Historians filed. VIDED.
- Dec 24 2024Brief amicus curiae of Louisiana Legislative Black Caucus filed. VIDED.
- Dec 23 2024Brief amicus curiae of United States in support of neither party filed. VIDED.
- Dec 23 2024Brief amici curiae of Independent State Redistricting Commissioners in support of neither party filed. VIDED.
- Dec 20 2024Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
- Dec 19 2024Brief of appellant Louisiana filed (as to 24-109).
- Dec 19 2024Brief of appellants Press Robinson, et al. filed. VIDED.
- Dec 19 2024Joint appendix (2 volumes) filed. (Statement of costs filed) VIDED.
- Dec 09 2024Motion for leave to intervene filed by Edward Galmon, Sr., et al. DENIED. VIDED.
- Dec 05 2024Reply of Edward Galmon, Sr., et al. in support of motion to intervene filed. VIDED.
- Dec 02 2024Motion DISTRIBUTED for Conference of 12/6/2024.
- Dec 02 2024Response to motion to intervene from appellant Louisiana filed. VIDED. (Distributed)
- Dec 02 2024Response to motion to intervene from appellees Phillip Callais, et al. filed. VIDED. (Distributed)
- Nov 20 2024Motion for leave to intervene filed by Edward Galmon, Sr., et al. VIDED.
- Nov 04 2024PROBABLE JURISDICTION NOTED. Probable jurisdiction is noted in No. 24-110. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Nov 04 2024Because 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. 24-109. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-109. 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.”
- Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 18 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 17 2024Brief opposing motion to dismiss or affirm filed by appellant Louisiana. (Distributed)
- Sep 03 2024Brief amici curiae of Alabama, et al. filed. VIDED.
- Sep 03 2024Motion to dismiss or affirm filed by appellees Phillip Callais, et al.
- Sep 03 2024Brief amici curiae of Edward Galmon, Sr., et al. filed.
- Aug 01 2024Letter pursuant to Rule 18.2 from Nancy Landry, Secretary of State of Louisiana, received.
- Jul 30 2024Statement as to jurisdiction filed. (Response due September 3, 2024)
- Jun 24 2024Application (23A1142) granted by Justice Alito extending the time to file until July 30, 2024.
- Jun 18 2024Application (23A1142) to extend the time to file a jurisdictional statement on appeal from June 30, 2024 to August 7, 2024, submitted to Justice Alito.
- Jun 18 2024Response to application from respondents Phillip Callais, et al. filed.