CASE SUMMARY
On May 19, 2015, a group of North Carolina voters filed a federal lawsuit against the State of North Carolina, the N.C. State Board of Elections, and various state officials challenging the state’s 2011 legislative redistricting plans as racial gerrymanders in violation of the 14th Amendment’s Equal Protection Clause. Plaintiffs alleged the General Assembly drew certain House and Senate districts using a policy of racial proportionality, aiming for at least a 50% Black-voting-age-population (BVAP) in each without a sufficiently compelling constitutional justification. They sought a judicial declaration the plans were invalid and an injunction barring the defendants from using the plans in future elections.
- On August 11, 2016, the U.S. District Court for the Middle District of North Carolina struck down the challenged districts as unconstitutional racial gerrymanders on the grounds the defendants failed to justify their use of race as narrowly tailored to comply with the federal Voting Rights Act. The court issued a remedial order on November 29, 2016, requiring the General Assembly to enact remedial legislative plans by March 15, 2017, and to conduct a special election in the fall of 2017 using the remedial plans. Defendants appealed to the U.S. Supreme Court and sought a stay pending resolution of their appeal.
- On January 10, 2017, SCOTUS granted the defendants’ requested stay.
- On June 5, 2017, SCOTUS affirmed the district court’s decision that the plans were unconstitutional racial gerrymanders but vacated the remedial order requiring a special election, instead remanding the case back to the district court with instructions to conduct a “case-specific analysis” to determine an appropriate remedy.
- On August 31, 2017, the General Assembly enacted remedial legislative plans for the 2018 elections, but plaintiffs objected to 12 of the new districts as still otherwise unlawful. The district court agreed as to 9 of those districts and appointed a special master to analyze those plans and develop his own recommended remedial plans. The special master filed their report with the court on December 1, 2017.
- On January 19, 2018, the district court approved the General Assembly’s 2017 remedial plans with modifications by the special master. On January 26, 2018, the district court denied the legislator-defendants’ motion to stay implementation of the approved remedial plans, which those defendants appealed to SCOTUS.
- On June 28, 2018, SCOTUS affirmed in part and reversed in part the district court’s remedial order, finding the decision to override the General Assembly’s remedial plan was proper as to those districts found to still be racial gerrymanders, but not as to other districts which were rejected on other legal bases because the court lacked remedial authority over them.
CASE LIBRARY
U.S. District Court for the Middle District of North Carolina - No. 1:15-CV-00399
- Complaint - 5/19/15
- Summons - 5/22/15
- First Amended Complaint - 7/24/15
- Defendants' Answer to First Amended Complaint - 8/14/15
- Order Appointing Three-Judge Panel - 8/19/15
- Plaintiffs' Motion for Preliminary Injunction - 10/7/15
- Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction - 10/21/15
- First Joint Stipulation - 11/5/15
- Defendants' Motion to Stay, Defer, or Abstain - 11/9/15
- Memorandum in Support of Defendants' Motion to Stay, Defer, or Abstain - 11/9/15
- Plaintiffs' Response in Opposition to Defendants' Motion to Stay, Defer, or Abstain - 11/17/15
- Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction - 11/18/15
- Order Denying Motion for Preliminary Injunction - 11/25/15
- Plaintiffs' Motion to Enforce Scheduling Order - 1/27/16
- Plaintiffs' Memorandum in Support of Motion to Enforce Scheduling Order - 1/27/16
- Plaintiffs' Motion to Expedite - 1/27/16
- Order - 1/28/16
- Defendants' Motion to Expedite - 2/5/16
- Plaintiffs' Reply Brief in Support of Motion to Enforce Scheduling Order - 2/8/16
- Order - 2/10/16
- Order Granting Motion to Enforce Scheduling Order - 2/10/16
- Defendants' Motion for Leave to Depose Counsel for Plaintiffs - 2/10/16
- Memorandum in Support of Defendants' Motion for Leave to Depose Counsel for Plaintiffs - 2/10/16
- Plaintiffs' Brief in Opposition to Motion for Leave to Depose Counsel for Plaintiffs - 2/17/16
- Defendants' Reply in Support of Motion for Leave to Depose Counsel for Plaintiffs - 2/18/16
- Defendants' Motion to Modify Scheduling Order and to Expedite - 2/24/16
- Defendants' Memorandum in Support of Motion for Leave to Modify Scheduling Order and to Expedite - 2/24/16
- Plaintiffs' Brief in Opposition to Motion to Modify the Scheduling Order - 3/2/16
- Defendants' Reply in Support of Motion for Leave to Modify Scheduling Order - 3/4/16
- Defendants' Final Pretrial Disclosures - 3/14/16
- Plaintiffs' Trial Witness List - 3/14/16
- Plaintiffs' Identification of Trial Exhibits - 3/14/16
- Plaintiffs' Motion to Exclude Expert Testimony by Sean Trende - 3/21/16
- Plaintiffs' Brief in Support of Motion to Exclude Expert Testimony by Sean Trende - 3/21/16
- Parties' Second Joint Stipulation - 3/21/16
- Defendants' Trial Brief - 3/21/16
- Plaintiffs' Trial Brief - 3/21/16
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 3/28/16
- Defendants' Proposed Findings of Fact and Conclusions of Law - 3/28/16
- Parties' Third joint Stipulation - 3/30/16
- Defendants' Response in Opposition to Plaintiffs' Motion to Exclude Testimony by Sean Trende - 4/6/16
- Defendants' Motion in Limine - 4/6/16
- Memorandum in Support of Defendants' Motion in Limine - 4/6/16
- Memorandum in Opposition to Defendants' Motion in Limine - 4/7/16
- Plaintiffs' Motion in Limine to Exclude Scott Falmlen Testimony - 4/10/16
- Plaintiffs' Memorandum of Law in Support of Motion in Limine to Exclude Scott Falmlen Testimony - 4/10/16
- Non-Party Scott Falmlen's Motion to Quash Subpoena Duces Tecum - 4/14/16
- Non-Party Scott Falmlen's Memorandum in Support of Motion to Quash - 4/14/16
- Declaration of Scott Falmlen - 4/14/16
- Plaintiffs' Post-Trial Revised Proposed Findings of Fact and Conclusions of Law - 5/6/16
- Plaintiffs' Post-Trial Brief - 5/6/16
- Plaintiffs' Post-Trial Briefing on Remedy - 5/6/16
- Defendants' Post Trial Brief on Burden of Proof and Narrow Tailoring - 5/6/16
- Defendants' Brief on Scheduling Issues for a Third Primary - 5/6/16
- Defendants' Post-Trial Proposed Findings of Fact and Conclusions of Law - 5/6/16
- Memorandum Opinion - 8/11/16
- Order for Supplementary Briefing Schedule - 8/15/16
- District Court's Order and Judgment - 8/15/16
- Defendants' Report on the Time Requested by the General Assembly to Enact New Legislative Plans - 9/9/16
- Plaintiffs' Report Regarding Remedies - 9/9/16
- Defendants' Notice of Appeal - 9/13/16
- Plaintiffs' Motion for Additional Relief - 9/30/16
- Memorandum in Support of Plaintiffs' Motion for Additional Relief - 9/30/16
- Defendants' Memorandum in Opposition to Plaintiffs' Motion for Additional Relief - 10/28/16
- Corrected Declaration of Dr. Thomas Hofeller - 10/31/16
- Plaintiffs' Reply to Defendants' Memorandum on Additional Relief - 11/15/16
- Order - 11/29/16
- Defendants' Emergency Motion to Stay Remedial Order Pending Disposition of Jurisdictional Statement - 12/2/16
- Plaintiffs' Brief in Opposition to Defendants' Emergency Motion to Stay Remedial Order Pending Disposition of Jurisdictional Statement - 12/23/16
- Defendants' Reply Brief in Support of Emergency Motion to Stay Remedial Order - 12/23/16
- Opinion and Order - 1/4/17
U.S. Supreme Court - No. 16-649 (Merits Appeal)
- Jurisdictional Statement - 11/14/16
- Appellees' Motion to Affirm - 12/16/16
- Appellants' Brief Opposing Motion to Affirm - 12/30/16
- Appellants' Supplemental Brief - 5/24/17
- Appellees' Response to Appellants' Supplemental Brief - 5/31/17
U.S. Supreme Court - No. 16A646 (Stay of Remedial Order); No. 16-1023 (Appeal of Remedial Order)
- Jurisdictional Statement - 2/21/17
- Appellees' Motion to Affirm - 2/28/17
- Appellants' Brief Opposing Motion to Affirm - 3/14/17
- Appellants' Supplemental Brief - 5/24/17
- Appellees' Response to Appellants' Supplemental Brief - 5/31/17
- Per Curiam Opinion - 6/5/17
U.S. District Court for the Middle District of North Carolina - No. 1:15-CV-00399 (on remand)
- Plaintiffs' Motion to Set Deadlines for Remedial Plan - 6/8/17
- Plaintiffs' Motion for Expedited Evidentiary Hearing - 6/8/17
- Motion to Expedite Consideration of Plaintiffs' Motions - 6/8/17
- Notice by Court - 6/9/17
- Plaintiffs' Statement in Response to Court's Notice of June 9, 2017 - 6/15/17
- Notice by the Legislative Defendants - 6/26/17
- Legislative Defendants' Position Statement - 7/6/17
- Position Statement by the State of North Carolina and the State Board of Elections Defendants and Response to Plaintiffs' Motions - 7/6/17
- Legislative Defendants' Response to Position Statement by the North Carolina Attorney General on the Issue of Representation of the State - 7/10/17
- Brief of Amicus Curiae the North Carolina NAACP in Support of Plaintiffs - 7/11/17
- Plaintiffs' Supplemental Brief on Remedies - 7/21/17
- Legislative Defendants' Motion to Quash or Modify Subpoena - 7/25/17
- Legislative Defendants' Memorandum of Law in Support of Motion to Quash or Modify Subpoena - 7/25/17
- Plaintiffs' Response to Motion to Quash - 7/26/17
- Plaintiffs and Legislative Defendants' Joint Stipulation on Withdrawal of Subpoena and Motion to Quash or Modify Subpoena - 7/26/17
- Order - 7/31/17
- Notice of Filing of New Legislative Districting Plans - 9/7/17
- Motion of Democracy North Carolina and League of Women Voters of North Carolina for Leave to File Amici Curiae Brief in Opposition to Defendants' Redistricting Plan and in Support of Plaintiffs - 9/15/17
- Memorandum in Support of Democracy North Carolina's and the League of Women Voters of North Carolina's Motion to File Amici Curiae Brief - 9/15/17
- Plaintiffs' Objections to Defendants' Remedial Districts and Memorandum of Law - 9/15/17
- Motion of the NC NAACP for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Objections to the Enacted Remedial Redistricting Plans - 9/15/17
- Memorandum of Law in Support of the NC NAACP's Motion for Leave to File Amicus Curiae Brief - 9/15/17
- Memorandum Opinion - 9/19/17
- Legislative Defendants' Response to Plaintiffs' Objections - 9/22/17
- Order - 10/3/17
- Plaintiffs' Reply Brief on Scope of Review at the Remedy Stage - 10/10/17
- Order Requesting Submissions for Special Master - 10/12/17
- Order Proposing Professor Nathaniel Persily as Special Master - 10/26/17
- Affidavit of Nathaniel Persily, J.D., PH.D. - 10/27/17
- Legislative Defendants' Opposition to Appointment of Nathaniel Persily as Special Master - 10/30/17
- Plaintiffs' Response to Legislative Defendants' Opposition to Appointment of Nathaniel Persily as Special Master - 10/31/17
- Order Appointing Special Master to Draw Remedial Districts - 11/1/17
- Special Master's Draft Plan and Order - 11/13/17
- Special Master's Corrected Draft Plan and Order - 11/14/17
- Legislative Defendants' Response to Special Master's Draft Report - 11/17/17
- Plaintiffs' Response and Proposed Modifications to the Special Master's Draft Plan - 11/17/17
- Plaintiffs' Response to Legislative Defendants' November 17, 2017 Filing - 11/21/17
- Legislative Defendants' Response to Plaintiffs' Proposed Modifications to Special Master's Draft Plan - 11/21/17
- Special Master's Recommended Plan and Report - 12/1/17
- Special Master's Plan Stat Pack - 12/1/17
- Plaintiffs' Position on the Special Master's Recommended Plan - 12/8/17
- Legislative Defendants' Response to Special Master's Recommended Plan and Report - 12/8/17
- Legislative Defendants' Motion to Expedite Ruling on Plaintiffs' Objections - 12/11/17
- Legislative Defendants' Brief in Support of Motion to Expedite Ruling on Plaintiffs' Objections - 12/11/17
- Plaintiffs' Response to Defendants' Objections to Special Master's Recommended Plan - 12/13/17
- Legislative Defendants' Reply in Support of Objections to Special Master's Recommended Plan and Report - 12/15/17
- Legislative Defendants' Motion to Present Witnesses - 12/15/17
- Plaintiffs' Response to Defendants' Motion to Present Witnesses - 12/18/17
- Per Curiam Order - 12/21/17
- Legislative Defendants' Notice of Filing Expert Report of Douglas Johnson, Ph.D - 12/27/17
- Legislative Defendants' Proposed Questions to the Special Master - 12/27/17
- Plaintiffs' Proposed Questions for the Special Master - 12/27/17
- Order - 1/3/18
- Special Master's Recommended Plan for the North Carolina Senate and House of Representatives Hearing Presentation - 1/5/18
- Memorandum Opinion and Order (Amended) - 1/21/18
- Legislative Defendants' Emergency Motion to Stay Pending Supreme Court Review and Request for Expedited Ruling - 1/21/18
- Plaintiffs' Response in Opposition to Legislative Defendants' Emergency Motion to Stay Pending Supreme Court Review and Request for Expedited Ruling - 1/23/18
- State Defendants' Response to Legislative Defendants' Emergency Motion to Stay Pending Supreme Court Review and Request for Expedited Ruling - 1/23/18
- Memorandum Order Denying Motion to Stay - 1/26/18
U.S. Supreme Court - No. 17A790; No. 17-1364
- Jurisdictional Statement - 3/26/18
- Appellees' Motion to Affirm - 4/27/18
- Appellants' Brief Opposing Motion to Affirm - 5/15/18
- Per Curiam Opinion - 6/28/18