CASE SUMMARY
In late 2013, a group of Maryland voters filed a federal lawsuit challenging the state’s congressional redistricting plan as a partisan gerrymander in violation of the U.S. Constitution. Plaintiffs argued the 6th Congressional District was drawn to disadvantage Republican voters in violation of Article I, § 2 of the U.S. Constitution and the 1st Amendment.
- In April 2014, the federal district court dismissed the case before convening a three-judge panel for failure to state a claim. Plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit which affirmed. Plaintiffs appealed again to the U.S. Supreme Court.
- On December 8, 2015, SCOTUS reversed on the grounds federal law clearly requires a three-judge panel be convened for all challenges to statewide redistricting plans that are not “obviously frivolous” or “essentially fictitious.” Since plaintiffs’ partisan gerrymandering claims were legally sufficient, SCOTUS remanded the case back to the district court for further proceedings.
- On remand at the district court, plaintiffs filed a motion for a preliminary injunction to bar the plan from being used in the 2018 election. In August 2017, the three-judge district court panel denied the requested preliminary injunction and, citing confusion over the correct legal standard to apply, stayed the case pending SCOTUS’s decision in a partisan gerrymandering case before it, Gill v. Whitford. Plaintiffs appealed directly to SCOTUS but the Court affirmed the district court’s rulings in June 2018, citing the plaintiffs’ six-year delay in bringing the challenge and lack of time to devise a remedial plan before the election.
Significance: Federal law requires that a three-judge panel of district court judges be convened for all cases involving a constitutional challenge to statewide congressional redistricting plans unless the claims are "obviously frivolous" or "essentially fictitious."
[Note: This page covers the first stage of litigation in this case, including procedural issues and up to the Supreme Court's ruling on the plaintiffs' request for a preliminary injunction. For information and case materials for the second stage of litigation involving the merits of this case, visit the case page for Benisek v. Lamone II.]
CASE LIBRARY
U.S. District Court for the District of Maryland - 1:13-cv-03233
- Original Complaint - 11/5/13
- First Amended Complaint - 12/2/13
- Defendants' Motion to Dismiss the Amended Complaint - 12/17/13
- Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss - 12/31/13
- Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss - 1/17/14
- Memorandum Opinion - 4/8/14
- Order Granting Defendants' Motion to Dismiss - 4/8/14
- Notice of Appeal - 4/28/14
U.S. Court of Appeals for the Fourth Circuit - 14-1417 [formerly Benisek v. Mack]
- Plaintiffs-Appellants' Informal Opening Brief - 5/27/14
- Brief of Appellees - 6/19/14
- Plaintiffs-Appellants' Informal Reply Brief - 7/2/14
- Appellant Shapiro's Motion to Schedule Oral Argument - 7/18/14
- Opinion - 10/7/14
- Judgment Order 10/7/14
- Plaintiffs-Appellants' Petition for Rehearing and for Rehearing En Banc - 10/17/14
- Order Denying Petition for Rehearing and Rehearing En Banc - 11/12/14
- Judgment Order Following U.S. Supreme Court Ruling on December 8, 2015 - 1/12/16
U.S. Supreme Court - 14-990 [formerly Shapiro v. McManus]
- Petition for Writ of Certiorari - 2/10/15
- Brief of Amicus Curiae Judicial Watch, Inc. Supporting Petitioner - 3/20/15
- Respondents' Brief in Opposition to Petition for Writ of Certiorari - 4/20/15
- Reply Brief for Petitioners - 5/1/15
- Brief for Petitioners - 8/7/15
- Brief of Amici Curiae Common Cause and The Campaign Legal Center, Inc. in Support of Petitioners - 8/13/15
- Brief of Amicus Curiae Virginia State Conference of the NAACP in Support of Petitioners - 8/14/15
- Second Brief of Amicus Curiae Judicial Watch, Inc. Supporting Petitioners - 8/14/15
- Brief of Amici Curiae Professors Joshua A. Douglas, et al., in Support of Petitioners - 8/14/15
- Brief for Respondents - 9/25/15
- Second Reply Brief for Petitioners - 10/26/15
- Oral Argument Transcript - 11/4/15
- Opinion - 12/8/15
U.S. District Court for the District of Maryland - 1:13-cv-03233 [on remand]
- Order Designating Three-Judge Panel - 2/4/16
- Second Amended Complaint - 3/3/16
- Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint - 4/20/16
- Plaintiffs' Opposition to Motion to Dismiss - 5/20/16
- Brief of Amicus Curiae The Brennan Center for Justice at N.Y.U. School of Law in Support of Plaintiffs' Opposition to Motion to Dismiss - 5/27/16
- Brief of Amicus Curiae Common Cause in Support of Plaintiffs' Opposition to The Motion to Dismiss - 6/8/16
- Brief of Amicus Curiae The Campaign Legal Center, Inc., in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss - 6/8/16
- Reply Memorandum in Support of Defendants' Motion to Dismiss the Plaintiffs' Second Amended Complaint - 6/21/16
- Plaintiffs' Surreply in Opposition to Motion to Dismiss - 7/1/16
- Opinion - 8/24/16
- Order Denying Defendants' Motion to Dismiss the Second Amended Complaint - 8/24/16
- Defendants' Answer to Plaintiffs' Second Amended Complaint - 9/7/16
- Joint Status Report - 11/14/16
- Joint Stipulations - 11/14/16
- Scheduling Order - 11/16/16
- Motion to Intervene by Stephen M. Shapiro - 12/30/16
- Plaintiffs' Motion to Compel Non-Parties Jeanne D. Hitchcock, et al., to Testify at Deposition, and to Compel Non-Parties Thomas v. "Mike" Miller Jr., et al., to Produce Documents - 1/4/17
- Memorandum of Law in Support of Plaintiffs' Motion to Compel Non-Parties Jeanne D. Hitchcock, et al., to Testify at Deposition, and to Compel Non-Parties Thomas v. "Mike" Miller Jr., et al., to Produce Documents - 1/4/17
- Motion for Protective Order and to Quash Non-party Deposition Subpoenas Served on Thomas V. Mike Miller, Jr., et al. - 1/10/17
- Defendants' Motion for Protective Order from Rule 30(b)(6) Deposition - 1/16/17
- Memorandum in Support of Defendants' Motion for Protective Order from Rule 30(b)(6) Deposition - 1/16/17
- Opposition to Plaintiffs' Motion to Compel Non-Parties Jeanne D. Hitchcock, et al., to Testify at Deposition and to Compel Non-Parties Thomas V. "Mike" Miller Jr., et al., to Produce Documents - 1/16/17
- Plaintiffs' Opposition to Motion for Protective Order and to Quash Non-Party Deposition Subpoenas Served on Thomas V. Mike Miller, Jr., et al. - 1/16/17
- Defendants' Response to Former Plaintiff Stephen M. Shapiro's Motion to Intervene - 1/17/17
- Plaintiffs' Opposition to Stephen M. Shapiro's Motion to Intervene - 1/17/17
- Plaintiffs' Reply in Support of Their Motion to Compel Non-Parties to Testify and Produce Documents - 1/19/17
- Reply Memorandum in Support of Motion for Productive Order and to Quash Non-Party Deposition Subpoenas Served on Thomas V. Mike Miller, Jr., et al. - 1/19/17
- Motion for Protective Order and to Quash Non-Party Deposition Subpoenas Served on Delegate Curtis S. Anderson and Senator C. Anthony Muse - 1/23/17
- Motion for Protective Order to Modify Non-Party Deposition Subpoena Served on Robert Garagiola - 1/24/17
- Plaintiffs' Consolidated Opposition to Defendants' Motions to Quash the Depositions of Delegate Curtis S. Anderson and Senator C. Anthony Muse and Former Senator Robert Garagiola - 1/27/17
- Reply Memorandum in Support of Motions for Protective Order from Non-Party Deposition Subpoenas Served on Curtis S. Anderson, C. Anthony Muse, and Robert Garagiola - 1/29/17
- Memorandum and Order Denying Motion to Intervene - 1/30/17
- Plaintiffs' Opposition to Defendants' Motion for Protective Order From Rule 30(b)(6) Deposition - 1/30/17
- Memorandum and Order - 1/31/17
- Order on Motions for Protective Order and to Quash - 2/3/17
- Reply Memorandum in Support of Defendants' Motion for Protective Order From Rule 30(b)(6) Deposition - 2/3/17
- Motion for an Order of the Full Court Approving or Otherwise Directing Compliance with the Court's January 31, 2017 and February 3, 2017 Discovery Orders - 2/8/17
- Motion for Review by Three-Judge Court and for Stay - 2/9/17
- Order Granting Motion for Review by Three-Judge Court and Stay and Setting Briefing Schedule - 2/9/17
- Memorandum and Order - 2/13/17
- Stephen M. Shapiro's Motion for Reconsideration of This Court's Order Denying His Motion to Intervene - 2/13/17
- Memorandum and Order - 2/14/17
- Motion for Protective Order and to Quash Non-Party Deposition Subpoena Served on Former Governor Martin O'Malley and for Stay - 2/14/17
- Stipulation Order Regarding Confidentiality of Discovery Material - 2/15/17
- Memorandum and Order Denying Stephen M. Shapiro's Motion for Reconsideration - 2/15/17
- Movant Shapiro's Reply to Plaintiffs' and Defendants' Responses in Opposition to His Motion to Intervene - 2/15/17
- Second Stipulated Order Regarding Confidentiality of Discovery Material - 2/15/17
- Plaintiffs' Response Brief Urging Affirmance of the Court's January 31 and February 3 Discovery Orders - 2/16/17
- Reply in Support of Motion for Review of Three-Judge Court - 2/21/17
- Plaintiffs' Opposition to Motion to Quash the Deposition Subpoena of Former Governor Martin O'Malley - 2/28/17
- Memorandum and Order Affirming the Court's January 31 and February 3 Discovery Orders - 3/13/17
- Reply in Support of Motion for Protective Order and to Quash Non-Party Deposition Subpoena Served on Former Governor Martin O'Malley and for Stay - 3/13/17
- Memorandum and Order Denying Motion for Protective Order and to Quash Non-Party Deposition Subpoena of Former Governor Martin O'Malley and for Stay- 3/16/17
- Order Lifting Stay - 3/16/17
- Third Stipulated Order Regarding Confidentiality of Discovery Material - 3/30/17
- Fourth Stipulated Order Regarding Confidentiality of Discovery Material - 3/31/17
- Plaintiffs' Rule 65(a) Motion for A Preliminary Injunction and To Advance and Consolidate the Trial on the Merits or, in the Alternative, for Summary Judgment - 5/31/17
- Memorandum in Support of Plaintiffs' Rule 65(a) Motion for A Preliminary Injunction and To Advance and Consolidate the Trial on the Merits or, in the Alternative, for Summary Judgment - 5/31/17
- Joint Status Report - 6/2/17
- Order - 6/28/17
- Defendants' Cross Motion for Summary Judgment - 6/30/17
- Memorandum in Support of Defendants' Cross-Motion for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Preliminary Injunction and, in the Alternative, for Summary Judgment - 6/30/17
- Plaintiffs' Reply in Support of Their Motion for a Preliminary Injunction and Opposition to Defendants' Motion for Summary Judgment - 7/10/17
- Second Joint Stipulation - 7/12/17
- Reply in Support of Defendants' Motion for Cross-Summary Judgment - 8/1/17
- Memorandum - 8/24/17
- Order Denying Plaintiffs' Request for Preliminary Injunction - 8/24/17
- Order Entering Stay - 8/24/17
- Notice of Appeal - 8/25/17
U.S. Supreme Court - 17-333
- Jurisdictional Statement - 9/1/17
- Motion for Expedited Consideration of Appellants' Jurisdictional Statement and for Expedited Merits Briefing and Oral Argument in the Event That the Court Notes or Postpones Probable Jurisdiction - 9/1/17
- Appellees' Opposition to Motion for Expedited Consideration of Jurisdictional Statement and Expedited Merits Briefing and Oral Argument - 9/11/17
- Appellants' Reply in Support of Their Motion for Expedited Consideration of Appellants' Jurisdictional Statement and for Expedited Merits Briefing and Oral Argument in the Event That the Court Notes or Postpones Probable Jurisdiction - 9/12/17
- Order Denying Motion to Expedite Consideration of the Jurisdictional Statement - 9/13/17
- Appellees' Motion to Affirm - 10/31/17
- Brief Opposing Motion to Affirm - 11/13/17
- Brief of Appellants - 1/22/18
- Joint Appendix - 1/22/18
- Brief of Amicus Curiae Common Cause in Support of Appellants - 1/25/18
- Brief of Amici Curiae Bipartisan Current and Former Members of Congress in Support of Appellants - 1/29/18
- Brief of Amici Curiae International Municipal Lawyers Association, et al., in Support of Appellants - 1/29/18
- Brief of Amicus Curiae Professor Michael Kang in Support of Appellants - 1/29/18
- Brief of Amici Curiae Judicial Watch, Inc., and Allied Educational Foundation in Support of Neither Party - 1/29/18
- Brief of Amicus Curiae The Brennan Center for Justice at N.Y.U. School of Law in Support of Appellants - 1/29/18
- Brief of Amici Curiae The National Association for the Advancement of Colored People, et al., in Support of Neither Party - 1/29/18
- Brief of Amici Curiae Governors Lawrence Joseph Hogan Jr., et al., in Support of Appellants - 1/29/18
- Brief of Amici Curiae The American Civil Liberties Union, et al., in Support of Appellants - 1/29/18
- Brief of Amicus Curiae Stephen M. Shapiro in Support of Appellants - 1/29/18
- Brief of Appellees - 2/21/18
- Brief of Amicus Curiae Senator Joseph B. Scarnati, III in Support of Appellees - 2/27/18
- Brief of Amicus Curiae the State of Wisconsin in Support of Appellees - 2/28/18
- Brief of Amicus Curiae The Freedom Partners Chamber of Commerce in Support of Appellees - 2/28/18
- Brief of Amici Curiae States of Michigan, Arkansas, Colorado, et al., in Support of Appellees - 2/28/18
- Reply Brief of Appellants - 3/13/18
- Oral Argument Transcript - 3/28/18
- Per Curiam Opinion - 6/18/18