Case Summary
When Alabama redrew its legislative districts in 2012, it prioritized two goals: keeping all districts’ population deviations to less than 1% from ideal and maintaining approximately the same black populations in existing majority-minority districts to avoid retrogression under § 5 of the federal Voting Rights Act (“VRA”). On August 10, 2012, the Alabama Legislative Black Caucus and others filed a federal lawsuit challenging Alabama’s 2012 legislative redistricting plans as an unconstitutional racial gerrymander in violation of the 14th Amendment’s Equal Protection Clause.
- In December 2013, the federal district court upheld the plans as constitutional. Analyzing the plaintiffs’ racial gerrymandering claim as referring to the State “as a whole, rather than district-by-district,” the court found that equal population was the predominant factor when drawing the plans, not race. The plaintiffs appealed to the U.S. Supreme Court.
- On March 15, 2015, SCOTUS reversed the district court’s decision on two separate grounds. First, the lower court erred by not analyzing the plaintiffs’ racial gerrymandering claim on a district-by-district basis. Second, it erred in finding that equal population, not race, predominated when drawing district lines because equal population is a baseline requirement when redistricting, not a traditional redistricting consideration, and can thus never be classified as the “predominant” consideration.
Significance: (1) Racial gerrymandering claims must be assessed on a district-by-district basis, not by examining the state's plan as a whole, and (2) equal population is not a traditional redistricting consideration but rather is a baseline requirement, and therefore it can never classified as the "primary" consideration when drawing lines.
Case Library
U.S. District Court for the Middle District of Alabama, Northern Division - 2:12-cv-00691
- Complaint - 8/10/12
- Plaintiffs' Motion for Partial Summary Judgment and for Preliminary and Permanent Injunction - 8/27/12
- Plaintiffs' Memorandum Supporting Motion for Partial Summary Judgment and for Preliminary and Permanent Injunction - 8/27/12
- Defendants' Motion to Dismiss or, in the Alternative, Motion to Stay - 8/31/12
- Plaintiffs' Opposition to Defendants' Motion to Dismiss or, in the Alternative, to Stay - 9/4/12
- Defendants' Reply to Response in Opposition to Motion to Dismiss or Stay - 9/11/12
- Plaintiffs' Surreply to Defendants' Motion to Dismiss or Stay - 9/13/12
- Designation of Three-Judge Court - 9/13/12
- Order - 9/19/12
- Joint Status Report of Plaintiffs and Defendants Concerning Section 5 Preclearance Proceedings - 10/9/12
- Order Regarding Status Report - 10/10/12
- Answer - 10/26/12
- Plaintiffs' Motion for Judgment on the Pleadings - 10/26/12
- Consolidated Memorandum in Support of Motion for Judgment on the Pleadings and in Opposition to Plaintiffs' Motion for Partial Summary Judgment and for Preliminary Injunction - 10/26/12
- Plaintiffs' Reply Brief Supporting Motion for Partial Summary Judgment and for Preliminary and Permanent Injunction - 11/2/12
- Plaintiffs' Response in Opposition to Defendants' Motion for Judgment on the Pleadings - 11/14/12
- Defendants' Reply to Plaintiffs' Response to Motion for Judgment on the Pleadings - 11/26/12
- Order Consolidating Case with Newton v. State of Alabama, Civil Case No. 2:12-cv-1081 - 12/19/12
- Memorandum Opinion and Order - 12/26/12
- Order - 12/27/12
- Answer to Newton Plaintiffs' Complaint - 1/9/13
- Amended Complaint - 1/15/13
- Answer to Amended Complaint of ALBC Plaintiffs - 1/25/13
- Defendants' Motion for Class Certification Scheduling Conference - 1/25/13
- Order Lifting Stay and Directing Parties to Schedule a Rule 26(f) Conference - 1/29/13
- Order Granting Motion for Class Certification Scheduling Conference - 1/29/13
- Plaintiffs' Second Motion for Partial Summary Judgment - 2/6/13
- Plaintiffs' Brief in Support of Second Motion for Partial Summary Judgment - 2/6/13
- Plaintiffs' Motion for Certification of a Class Action - 2/6/13
- Rule 26 Report of Parties' Planning Meeting - 2/20/13
- Defendants' Response in Opposition to Second Motion for Partial Summary Judgment - 2/28/13
- Plaintiffs' Reply Brief in Support of Their Second Motion for Partial Summary Judgment - 3/4/13
- Defendants' Response in Opposition to Motion for Certification of a Class Action - 3/5/13
- Plaintiffs' Reply to Defendants' Opposition to Motion for Certification of a Class Action - 3/6/13
- Motion to Intervene by Alabama State Legislators Gerald Dial and Jim McClendon - 3/13/13
- Plaintiffs' Response to Motion to Intervene - 3/15/13
- Order Granting Motion to Intervene - 3/27/13
- Intervenors' Answer to Amended Complaint - 3/27/13
- Order Granting Motion for Class Certification - 3/28/13
- Defendants' Motion for Partial Summary Judgment With Respect to the ALBC Plaintiffs' Restated Partisan Gerrymandering Claim - 4/3/13
- Defendants' Amended Memorandum in Support of Their Motion for Partial Summary Judgment - 4/4/13
- Memorandum Opinion and Order - 4/5/13
- Plaintiffs' Motion for Reconsideration of Order Denying Plaintiffs' Second Motion for Partial Summary Judgment - 4/17/13
- Plaintiffs' Response to Defendants' Motion for Summary Judgment and Brief in Support of Plaintiffs' Motions to Reconsider Second Motion for Partial Summary Judgment and for a Preliminary Injunction - 4/17/13
- Plaintiffs' Motion for Entry of a Permanent Injunction - 4/17/13
- Defendants' Reply to Plaintiffs' Response to Their Motion for Partial Summary Judgment and Response in Opposition to Plaintiffs' Motion for Reconsideration and Motion for Permanent Injunction - 4/24/13
- Plaintiffs' Reply to Defendants' Response to Their Motion for Reconsideration and Motion for Permanent Injunction - 5/6/13
- Defendants' Motion for Summary Judgment With Respect to Remaining Claim of the ALBC Plaintiffs of Race-Based Vote Dilution and Isolation - 6/17/13
- Defendants' Memorandum in Support of Motion for Summary Judgment with Respect to Remaining Claims of the ALBC Plaintiffs - 6/17/13
- Defendants' Motion for Summary Judgment with Respect to Newton Plaintiffs' Claims - 6/17/13
- Defendants' Memorandum in Support of Motion for Summary Judgment With Respect to Newton Plaintiffs' Claims - 6/17/13
- Order - 6/28/13
- Joint Brief of Sen. Gerald Dial, Rep. Jim McClendon, and the ALBC State Defendants - 7/9/13
- ALBC Plaintiffs' Supplemental Brief Responding to Order Regarding Ripeness and Standing Issues - 7/9/13
- Newton Plaintiffs' Response to the State of Alabama's Motion for Summary Judgment with Respect to Newton Plaintiffs' Claims - 7/10/13
- Memorandum in Support of Newton Plaintiffs' Response to the Defendants' Motion for Summary Judgment with Respect to Newton Plaintiffs' Claims - 7/10/13
- Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment with Respect to Racial Discrimination Claims - 7/10/13
- Consolidated Reply Brief of the Newton State Defendants, Sen. Gerald Dial, and Rep. Jim McClendon to the Newton Plaintiffs' Response - 7/17/13
- Consolidated Reply Brief of the ALBC State Defendants, Sen. Gerald Dial, and Rep. Jim McClendon to the ALBC Plaintiffs' Response - 7/17/13
- ALBC Plaintiffs' Second Submission of Supplemental Authorities in Support of Second Motion for Partial Summary Judgment - 7/22/13
- Order on Pending Motions - 7/30/12
- Defendants' Joint Notice of Objections or, in the Alternative, Motion in Limine - 7/30/13
- Memorandum Opinion and Order - 8/2/13
- Newton Plaintiffs' Response to Defendants' Joint Notice of Objections or, in the Alternative, Motion in Limine - 8/5/13
- Notice of Appeal - 8/12/13
- ALBC Plaintiffs' Post-Trial Proposed Findings of Fact and Conclusions of Law - 8/21/13
- Newton Plaintiffs' Notice of Filing Proposed Findings of Fact and Conclusions of Law - 8/21/13
- Defendants' Proposed Findings of Fact and Conclusions of Law - 8/21/13
- Memorandum Opinion and Order - 12/20/13
- Dissenting Opinion (J. Thompson) - 12/20/13
- Final Judgment - 12/20/13
- Notice of Appeal - 1/6/14
- ALBC Plaintiffs' Motion for Summary Judgment in Compliance with Supreme Court Mandate - 4/27/15
- ALBC Plaintiffs' Brief in Support of Motion for Summary Judgment in Compliance with Supreme Court Mandate - 4/27/15
- Order - 4/28/15
- Order on Remand - 5/29/15
- Statement of Judge Thompson - 5/29/15
- ALBC Plaintiffs' Motion for Reconsideration of Order Readopting Rulings Not Addressed by the Supreme Court - 6/12/15
- ALBC Plaintiffs' Refiled Motion for Summary Judgment in Compliance with Supreme Court Mandate - 6/12/15
- ALBC Plaintiffs' Remand Brief in Support of Refiled Motion for Summary Judgment in Compliance with Supreme Court Mandate - 6/12/15
- Newton Plaintiffs' Post-Remand Brief - 6/12/15
- Defendants' Brief on Remand - 7/24/15
- Conditional Motion to Certify Questions to the Supreme Court of Alabama - 7/24/15
- Order - 7/27/15
- ALBC Plaintiffs' Remand Reply Brief - 8/7/15
- Newton Plaintiffs' Reply Brief - 8/7/15
- Order - 8/13/15
- ALBC Plaintiffs' Notice of Filing of Additional Supplemental Exhibits - 8/19/15
- Defendants' Notice of Filing of Additional Supplemental Exhibits - 8/19/15
- Defendants' Response to the Court's Request for Information - 8/19/15
- Order Directing Plaintiffs to File Statewide Redistricting Plan - 8/28/15
- ALBC Plaintiffs' Explanatory Brief in Response to August 28, 2015, Order - 9/25/15
- Defendants' Motion to Amend the Briefing Schedule, for Leave to Conduct Limited Discovery, and to Shorten Time for Discovery Responses - 9/29/15
- ALBC Plaintiffs' Opposition to Defendants' Motion to Amend Briefing Schedule in Order to Conduct Additional Discovery - 9/30/15
- Newton Plaintiffs' Response to Defendants' Motion to Amend the Briefing Schedule - 9/30/15
- Defendants' Reply in Support of Their Motion to Amend the Briefing Schedule, for Leave to Conduct Limited Discovery, etc. - 10/1/15
- Order - 10/2/15
- Defendants' Brief in Response to Plaintiffs' Post-Remand Plans - 11/13/15
- ALBC Plaintiffs' Notice of Intervening Case Law and Reply to Defendants' Brief in Response to August 28, 2015, Order - 11/23/15
- Newton Plaintiffs' Reply to Defendants' Brief in Response - 11/24/15
- ALBC Plaintiffs' Second Notice of Intervening Case Law - 12/21/15
- Defendants' Notice of Supplemental Authority - 4/22/16
- Newton Plaintiffs' Response to Defendants' Notice of Supplemental Authority - 5/5/16
- Memorandum Opinion and Order - 1/20/17
- Opinion of J. Thompson, Concurring in Part and Dissenting in Part - 1/20/17
- Order - 1/20/17
- Order - 2/10/17
- Motion to Require That Defendants Demonstrate That Any Remedial Plans Submitted to This Court Fully Comply With Recent Supreme Court Decisions - 5/25/17
- Defendants' Opposition to Plaintiffs' Motion To Require Defendants to Explain Compliance With Recent Supreme Court Rulings - 5/26/17
- ALBC Plaintiffs' Objections to Enacted Remedial House and Senate Plans - 6/13/17
- Newton Plaintiffs' Response to Enacted Remedial House and Senate Plans - 6/13/17
- Defendants' Reply to the ALBC Plaintiffs' Objection - 6/27/17
- Time-Sensitive Unopposed Motion to Approve Remedial Plan for Anticipated SD 26 Special Election - 9/20/17
- Order Granting Time-Sensitive Unopposed Motion - 9/21/17
- Time-Sensitive Unopposed Motion to Approve 2017 Remedial Plan for Special Election in House District 21 - 10/10/17
- Order Granting Time Sensitive Unopposed Motion - 10/11/17
- Memorandum Opinion and Order - 10/12/17
- Judgment - 10/23/17
U.S. Supreme Court - 13-895 [135 S.Ct. 1257 (2015)]
- Jurisdictional Statement - 1/23/14
- Appellees' Joint Motion to Dismiss or Affirm - 4/21/14
- Appellants' Reply Brief to Joint Motion to Dismiss or Affirm - 5/2/14
- Brief for Appellants - 8/13/14
- Brief for the United States as Amicus Curiae Supporting Neither Party - 8/20/14
- Brief of Amicus Curiae The Lawyers' Committee for Civil Rights Under Law in Support of Neither Party - 8/20/14
- Brief of Amicus Curiae NAACP Legal Defense & Educational Fund, Inc., in Support of Appellants - 8/20/14
- Brief of Amici Curiae North Carolina Litigants in Support of Appellants - 8/20/14
- Brief of Amicus Curiae the Brennan Center for Justice at N.Y.U. School of Law in Support of Appellants - 8/20/14
- Brief for Appellees - 10/9/14
- Brief of Amici Curiae Pacific Legal Foundation, et al., in Support of Appellees - 10/16/14
- Brief of Amici Curiae The Speaker of The Alabama House of Representations and President Pro Tempore of The Alabama Senate in Support of Appellees - 10/16/14
- Brief of Amicus Curiae Dalton J. Oldham in Support of Appellees - 10/16/14
- Reply Brief for Appellants - 10/27/14
- Oral Argument Transcript - 11/12/14
- Opinion - 3/25/15