Supreme Court of the United States · Official docket →
John O'Bannon, Chairman of the State Board of Elections for the Commonwealth of Virginia, et al. v. Tati Abu King, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-1265 · judgment December 5, 2024
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a state or local-government petitioner, and a petition filed soon after the judgment below.
Questions presented
In the aftermath of the Civil War, Congress enacted a series of “Readmission Acts”—largely identical statutes that imposed restrictions on former Confederate States as conditions of regaining representation in Congress. These conditions included constraints on the States’ ability to amend their own constitutions on topics such as voting rights and public education. For nearly 150 years, these statutes were never judicially enforced, as Congress retained sole enforcement power over the conditions it created. The court below held that the Readmission Acts are judicially enforceable by private parties under Ex parte Young, 209 U.S. 123 (1908). The questions presented are:
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Whether private parties may seek judicial enforcement of the Readmission Acts.
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Whether plaintiffs may invoke Ex parte Young to bypass a State’s sovereign immunity when they lack a cause of action.
Counsel of record
For petitioner
Erika Lauren Maley
Virginia Office of the Attorney General
For respondent
Thomas Glenn Saunders
Wilmer Cutler Pickering Hale and Dorr LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- Jun 23 2025Petition DENIED.
- Jun 06 2025Reply of petitioners John O’Bannon, et al. filed. (Distributed)
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 02 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- May 30 2025Brief of respondents Tati Abu King, et al. in opposition filed. (Distributed)
- Apr 08 2025Motion to extend the time to file a response is granted and the time is extended to and including May 30, 2025.
- Apr 07 2025Motion to extend the time to file a response from April 30, 2025 to May 30, 2025, submitted to The Clerk.
- Apr 07 2025Brief amici curiae of Texas, et al. filed.
- Mar 31 2025Response Requested. (Due April 30, 2025)
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 20 2025Waiver of right of respondent Tati King, et al. to respond filed.
- Mar 05 2025Petition for a writ of certiorari filed. (Response due April 7, 2025)