CASE SUMMARY
On November 20, 2023, two North Carolina voters filed a federal lawsuit against the North Carolina General Assembly’s legislative leaders and the State Board of Elections and its members challenging the state’s enacted state Senate redistricting plan as diluting Black voters’ voting strength in violation of § 2 of the federal Voting Rights Act (“VRA”). They seek a judicial declaration that the plan is unlawful, a preliminary and permanent injunction barring the plan from use in future elections, and for the court to require the State to enact a lawful remedial plan.
- On December 29, 2023, the district court rejected the plaintiffs’ requests to expedite consideration of their preliminary injunction and scheduled a hearing on it for January 10, 2024. The plaintiffs appealed this as a “constructive denial” of their injunction request to the U.S. Court of Appeals for the Fourth Circuit the same day.
- A three-judge panel affirmed the district court on March 28, 2024.
CASE LIBRARY
U.S. District Court for the Eastern District of North Carolina - 4:23-cv-193-D
- Complaint for Declaratory and Injunctive Relief - 11/20/23
- Notice of a Lawsuit and Request to Waive Service of Summons - 11/20/23
- Plaintiffs' Emergency Motion for Expedited Briefing and Decision on Forthcoming Motion for Preliminary Injunction - 11/20/23
- Memorandum in Support of Plaintiffs' Emergency Motion for Expedited Briefing [...] - 11/20/23
- [Proposed] Order on Plaintiffs' Emergency Motion for Expedited Briefing [...] - 11/20/23
- Legislative Defendants' Opposition to Plaintiffs' Motion to Expedite - 11/22/23
- First Amended Complaint for Declaratory and Injunctive Relief - 11/22/23
- Summons in a Civil Action - 11/22/23
- Waiver of the Service of Summons - 11/22/23
- Plaintiffs' Motion for Preliminary Injunction - 11/22/23
- Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction - 11/22/23
- Reply in Support of Plaintiffs' Emergency Motion for Expedited Briefing and Decision on [...] Preliminary Injunction - 11/22/23
- Order - 11/23/23
- Waiver of the Service of Summons - 11/29/23
- Legislative Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction - 12/6/23
- Opposition to Legislative Defendants' Motion for Extension of Time to Respond [...] - 12/7/23
- Legislative Defendants' Reply to Plaintiffs' Opposition to Motion for Extension of Time to Respond - 12/7/23
- Order - 12/8/23
- Letter to the Court Regarding Preliminary Injunction Schedule - 12/11/23
- Gov. Cooper and Att. Gen. Stein's Motion for leave to File Amicus Curiae Brief in Support of [...] Preliminary Injunction - 12/12/23
- Memorandum of Law in Support of Gov. Cooper and Att. Gen. Stein's Motion for leave to File Amicus Curiae Brief [...] - 12/12/23
- Nature of the Case - 12/22/23
- State Board Defendants' Response to Plaintiffs' Motion for Preliminary Injunction - 12/22/23
- Declaration of Karen Brinson Bell - 12/22/23
- Reply in Support of Plaintiff's Motion for Preliminary Injunction - 12/26/23
- Order - 12/29/23
- Notice of Appeal - 12/29/23
- Order from the Fourth Circuit - 1/9/24
- Judgment from the Fourth Circuit - 1/9/24
- Order - 1/9/24
- Notice of Special Appearance - 1/12/24
- Notice of Supplemental Barreto Declaration - 1/12/24
- Mandate - 1/16/24
- Order - 1/17/24
- Answer of Legislative Defendants to Plaintiffs' First Amended Complaint - 1/19/24
- State Board Defendants' Answer to First Amended Complaint - 1/19/24
- Legislative Defendants' Response to the Supplemental Declaration of Dr. Barreto - 1/22/24
- Order - 1/26/24
- Notice of Appeal - 1/26/24
- Appeal Transmittal Sheet - 1/26/24
- Order on All Parties' Joint Motion for Extension of Time to Submit Proposed Scheduling Order - 2/20/24
- Opinion of the Fourth Circuit - 3/28/24
- Judgment of the Fourth Circuit - 3/28/24
- Joint Notice of Submission of Proposed Scheduling Orders - 4/1/24
- Temporary Stay of Mandate - 4/12/24
- Joint Notice of Submission of Proposed Scheduling Order - 7/1/24
- Report of the Parties' Planning Meeting Pursuant to Fed. R. Civ. P. 26(f) - 7/8/24
- Unopposed Motion for Extension of Time to Serve Plaintiffs' Rebuttal Report of Dr. Traci Burch - 8/21/24
- Order - 8/21/24
United States Court of Appeals for the Fourth Circuit - No. 23-2317
- Docketing Notice - 12/29/23
- Appellants' Emergency Motion to Expedite Briefing and Decision - 12/29/23
- Appellants' Emergency Motion for Limited Injunction Pending Appeal - 12/29/23
- Notice of Withdrawal of Emergency Motion for Limited Injunction Pending Appeal - 1/3/24
- Opposition of Legislative Defendants-Appellees to Emergency Motion to Expedite - 1/3/24
- Opposition of Legislative Defendants-Appellees to Emergency Motion for Injunction Pending Appeal - 1/3/24
- Response Follow-Up Notice - 1/4/24
- Notice - 1/4/24
- State Board Defendants' Response to Plaintiff-Appellants' Emergency Motion to Expedite Briefing and Decision - 1/4/24
- Reply in Support of Appellant's Emergency Motion to Expedite Briefing and Decision - 1/5/24
- Legislative Defendants-Appellees' Motion to Dismiss - 1/5/24
- Response Requested - 1/5/24
- State Board Defendants' Response to Legislative Defendants-Appellees' Motion to Dismiss - 1/8/24
- Plaintiffs-Appellants' Opposition to Legislative Defendants-Appellees' Motion to Dismiss - 1/8/24
- Order - 1/9/24
- Notice of Judgment - 1/9/24
- Appellants' Motion to Immediately Issue Mandate - 1/10/24
- Response Requested - 1/10/24
- State Board Defendants' Response to Appellants' Motion to Issue the Mandate - 1/11/24
- Order - 1/12/24
- Opposition of Legislative Defendants-Appellees to Motion to Issue Mandate Forthwith - 1/16/24
- Reply in Support of Appellants' Motion to Immediately Issue Mandate - 1/16/24
- Order - 1/16/24
- Mandate - 1/16/24
- Mandate - 6/26/24
- Order - 6/26/24
- Scheduling Order - 7/2/24
United States Court of Appeals for the Fourth Circuit - No. 24-1095
- Docketing Notice - 1/26/24
- Plaintiffs-Appellants' Emergency Motion to Expedite Briefing and Decision, and to Shorten Defendants-Appellees' Time to Respond to the Motion - 1/26/24
- Opposition of Legislative Defendants' Appellees to Emergency Motion to Expedite - 1/29/24
- State Board Defendants' Response to Plaintiff-Appellants' Emergency Motion to Expedite Briefing and Decision - 1/29/24
- Reply in Support of Plaintiffs-Appellants' Emergency Motion to Expedite Briefing and Decision - 1/29/24
- Order - 1/29/24
- Motion for Leave to File Amicus Brief of Governor Cooper and Attorney General Stein in Support of Plaintiffs-Appellants - 2/5/24
- Brief of Governor Cooper and Attorney General Stein in Support of Plaintiffs-Appellants - 2/5/24
- Opening Brief for Legislative Defendants-Appellees - 2/5/24
- Plaintiffs-Appellants' Opening Brief - 2/5/24
- Joint Appendix - 2/5/24
- Order - 2/8/24
- Remote Oral Argument Notification - 2/8/24
- Reply Brief for Legislative Defendants-Appellees - 2/9/24
- Plaintiffs-Appellants' Reply Brief - 2/9/24
- State Board Defendants' Notice that No Brief Will be Filed - 2/12/24
- All Parties' Joint Motion for Extension of Time to Submit Proposed Scheduling Order - 2/16/24
- Opinion - 3/28/24
- Judgment - 3/28/24
- Plaintiffs-Appellants' Petition for Rehearing En Banc - 4/11/24
- Temporary Stay of Mandate - 4/12/24
- Response Requested - 5/1/24
- State Board Defendants' Response to Plaintiff-Appellants' Petition for Rehearing En Banc - 5/3/24
- Opposition to Petition for Rehearing En Banc for Legislative Defendants-Appellees - 5/13/24
- Plaintiffs-Appellants' Motion for Leave to File Reply in Support of Petition for Rehearing En Banc - 5/17/24
- Opposition of Legislative Defendants-Appellees to Motion for Leave - 5/24/24
- Order Denying Petition for Rehearing En Banc - 6/18/24
- Mandate - 6/26/24