CASE SUMMARY
On September 27, 2021, a group of Alabama voters filed a federal lawsuit against Alabama’s Secretary of State challenging the state’s 2011 congressional plan as unconstitutionally malapportioned in violation of the one person, one vote principle and as racially gerrymandered in violation of the 14th Amendment.
After Alabama enacted a new congressional plan on November 4, 2021, the plaintiffs filed an amended complaint dropping their malapportionment claim and adding a claim that the new plan was enacted with racially discriminatory intent in violation of the 14th and 15th Amendments. They sought a judicial declaration that the 2021 plan was unconstitutional, an injunction barring the plan from being used in future elections, and a court order requiring the State to implement a new, lawful plan.
- On January 24, 2022, the district court issued a preliminary injunction after finding the plaintiffs were “substantially likely” to prevail on their VRA § 2 claim and gave the State 14 days to pass a remedial plan. The State appealed to the 11th Circuit Court of Appeals and requested an emergency stay from the U.S. Supreme Court.
- On February 7, 2022, the U.S. Supreme Court (“SCOTUS”) stayed the district court’s preliminary injunction, thereby allowing the plan to be used in the 2022 election. The Court also decided to hear the State’s appeal directly by treating the stay petition as a petition for certiorari before judgment.
- SCOTUS oral arguments were held on October 4, 2022.
- On June 8, 2023, SCOTUS affirmed the district court’s preliminary injunction in a 5-4 decision written by Chief Justice Roberts and joined by Justices Kavanaugh, Kagan, Sotomayor, and Jackson.
- On July 21, 2023, Alabama repealed its congressional plan and enacted a new one (“2023 plan”). On August 14, 2023, the district court held a hearing to consider the plaintiffs’ objections to the 2023 plan.
- On September 5, 2023, the district court issued an injunction barring the 2023 plan from being used in future elections after finding it failed to remedy the § 2 VRA violation. The court appointed a special master and directed them to file 3 proposed remedial plans by September 25, 2023. Alabama sought an emergency stay from SCOTUS but it was rejected on September 26.
- The district court held a hearing on the special master’s remedial plans on October 3, 2023, and two days later the district court selected the special master’s “Remedial Plan 3” to be used in the 2024 elections.
Similar Cases: Caster v. Merrill; Milligan v. Merrill
CASE LIBRARY
U.S. District Court for the Northern District of Alabama, Southern Division - No. 2:21-cv-1291
- Complaint - 9/27/21
- Motion to Expedite Appointment of Three-Judge Panel - 10/1/21
- Order - 10/6/21
- Secretary Merrill's Motion to Dismiss - 10/21/21
- Order Designating Three-Judge Court - 10/29/21
- Amended Complaint - 11/4/21
- Motion to Set Expedited Scheduling Conference - 11/5/21
- Order on Scheduling Conference - 11/5/21
- Order Denying Motion to Dismiss - 11/5/21
- Order - 11/7/21
- Joint Proposed Scheduling Order - 11/8/21
- Motion to Intervene - 11/8/21
- Order - 11/9/21
- Order Granting Motion to Intervene - 11/17/21
- Secretary Merrill's Rule 12(b)(7) Motion to Dismiss or Join Necessary Parties - 11/18/21
- Defendant's Motion to Consolidate - 11/18/21
- Motion for Status Conference - 11/18/21
- Defendant Senator Jim McClendon and Representative Chris Pringle's Notice of Adoption of ECF No. 33 - 11/18/21
- Defendant Senator Jim McClendon and Representative Chris Pringle's Notice of Adoption of ECF No. 36 - 11/18/21
- Conference Order - 11/18/21
- Order Setting Deadline for Motion to Consolidate Responses - 11/18/21
- Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support - 11/19/21
- Parties' Status Report - 11/19/21
- Plaintiffs' Response to Defendants' Rule 12(B)(7) Motion to Dismiss or Join Necessary Parties and Motion to Consolidate - 11/22/21
- Order on Motions for Consolidation and Joinder, and Scheduling Order - 11/23/21
- Stipulations of Fact - 12/7/21
- Intervenors McClendon and Pringle's Answer to Plaintiffs' Amended Complaint - 12/7/21
- Defendant Merrill's Answer to Plaintiffs' Amended Complaint - 12/7/21
- Order on Motion for Protective Order - 12/13/21
- Order - 12/14/21
- Secretary of State John H. Merrill's Motion for Protective Order - 12/14/21
- Secretary of State's Notice of Filing Expert Reports - 12/14/21
- Protective Order - 12/14/21
- Singleton Plaintiffs' Notice of Filing Expert Report - 12/14/21
- Plaintiffs' Renewed Motion for a Preliminary Inunction and Memorandum of Law in Support - 12/15/21
- Order on Motion for Protective Order - 12/16/21
- Order - 12/16/21
- Singleton Plaintiffs' Notice of Filing Expert Rebuttal Report - 12/21/21
- Secretary of State's Notice of Filing Supplemental Expert Reports - 12/21/21
- Milligan Plaintiffs' Third Evidentiary Submission - 12/21/21
- Order - 12/22/21
- Defendants' Response in Opposition to Plaintiffs' Motions for Preliminary Injunction - 12/22/21
- Stipulations of Fact - 12/23/21
- Singleton Plaintiffs' Notice of Filing Joint Pretrial Report - 12/23/21
- Singleton Plaintiffs' Notice of Filing Joint Submission on Coordinated Preliminary Injunction Hearing and Discovery - 12/23/21
- Plaintiffs' Exhibit List - 12/27/21
- Singleton Plaintiffs' Notice of Persons Participating in Hearing - 12/27/21
- Defendants' Notice of Persons Participating in Hearing - 12/27/21
- Plaintiffs' Reply Memorandum in Support of Their Renewed Motion for a Preliminary Injunction - 12/27/21
- Plaintiffs' Notice of Filing Second Amended Exhibit List to Joint Pretrial Report - 1/4/22
- Order - 1/8/22
- Defendants' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Singleton Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 1/14/22
- Table of Authorities for Defendants' Proposed Findings of Fact and Conclusions of Law - 1/16/22
- Order - 1/24/22
- Preliminary Injunction Memorandum Opinion and Order - 1/24/22
- Singleton Plaintiffs' Response in Opposition to Defendants' Emergency Motion for Stay Pending Appeal - 1/26/22
- Order on Motion to Clarify - 1/26/22
- Order Denying Defendants' Emergency Motion for Stay Pending Appeal - 1/27/22
- Notice Regarding Defendants' Position on Issues Raised by the Court - 1/28/22
- Singleton Plaintiffs' Position Statement - 1/28/22
- Plaintiffs' Exhibit List - 2/1/22
- Order - 2/3/22
- Order Appointing Special Master and Expert Cartographer - 2/7/22
- Sen. McClendon and Rep. Pringle's Statement Regarding a Remedial Plan - 2/7/22
- Singleton Plaintiffs' Emergency Motion for a Ruling on Their Renewed Motion for a Preliminary Injunction - 2/8/22
- Time Sensitive Motion to Intervene by Jeff Coleman - 2/13/22
- Defendants' Response to Singleton Plaintiffs' Motion for Expedited Ruling - 2/14/22
- Response to Motion to Intervene by Jeff Coleman - 2/16/22
- Defendants' Response to Motion to Intervene - 2/17/22
- Order - 2/25/22
- Order Denying Motion to Intervene - 2/25/22
- Order - 4/7/22
- Defendants' Response to the Court's April 7, 2022 Order Regarding Plaintiffs' Request for Discovery, Briefing, and Trial - 4/12/22
- Order - 4/15/22
- Defendants' Response to the Court's April 15, 2022 Order Regarding Dates Related to the 2024 Congressional Election - 4/20/22
- Order - 5/2/22
- Order - 11/21/22
- Joint Status Report - 1/5/23
- Scheduling Order - 1/10/23
- Order - 2/8/23
- Response to Order - 2/27/23
- Defendants' Notice Regarding Legislature's Intent to Enact New Redistricting Plan - 6/15/23
- Order - 6/20/23
- Defendant's Status Report - 7/7/23
- Defendant's Status Report - 7/14/23
- Defendants' Status Report - 7/21/23
- Order - 7/24/23
- Parties' Joint Proposed Scheduling Order - 7/26/23
- Order - 7/27/23
- Singleton Plaintiffs' Objection to the State's Remedial Plan, Motion for a Preliminary Injunction, and Memorandum of Law in Support Thereof - 7/27/23
- Singleton Plaintiffs' Response to Milligan and Caster Plaintiffs' Motion for Clarification - 7/27/23
- Defendants' Response to Motion to Clarify - 7/27/23
- Plaintiffs' Proposed Cartographers - 7/28/23
- Defendants' Response to Order Concerning Cartographers - 7/28/23
- Statement of Interest of the United States of America - 7/28/23
- Singleton Plaintiffs' Witness List - 7/31/23
- Omnibus Order - 8/1/23
- Order - 8/2/23
- Defendant's Motion to Clarify Order - 8/3/23
- Order - 8/3/23
- Singleton Plaintiffs' Response to Defendants' Motion for Clarification - 8/4/23
- Defendants' Response to Singleton Plaintiffs' Motion for Preliminary Injunction - 8/4/23
- Order - 8/5/23
- Order - 8/6/23
- Plaintiffs' Reply Memorandum in Support of Their Objection to the State's Remedial Plan and Motion for a Preliminary Injunction - 8/7/23
- Order - 8/8/23
- Defendants' Notice of Filing Exhibits - 8/8/23
- Defendants' Second Notice of Filing Exhibits - 8/9/23
- Singleton Plaintiffs' Exhibit List - 8/9/23
- Singleton Plaintiffs' Witness List - 8/9/23
- Singleton Plaintiffs' Amended Exhibit List - 8/10/23
- Affidavit of Richard F. Allen - 8/10/23
- Affidavit of Michael A. Scodro - 8/10/23
- Affidavit of David Ely - 8/10/23
- Defendants' Exhibit List - 8/10/23
- Defendants' Joint Witness List - 8/10/23
- Singleton Plaintiffs' List of counsel Participating in the August 14, 2023 Hearing - 8/10/23
- Defendants' Joint Notice Regarding Participating Counsel - 8/10/23
- Singleton Plaintiffs' Unopposed Motion to Supplement the Record - 8/21/23
- Order - 8/21/23
- Singleton Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 8/21/23
- Defendants' Joint Proposed Findings of Fact and Conclusions of Law - 8/21/23
- Injunction, Opinion, and Order - 9/5/23
- Order - 9/5/23
- Motion of Quin Hillyer for Permission to Appear as Amicus Curiae - 9/6/23
- Order - 9/6/23
- Amended Order - 9/7/23
- Singleton Plaintiffs' Opposition to Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/8/23
- Order Denying Secretary Allen's Emergency Motion for Stay Pending Appeal - 9/11/23
- Report and Recommendation of the Special Master - 9/25/23
- Index of Exhibits to Report and Recommendation of the Special Master - 9/25/23
- Order - 9/26/23
- Singleton Plaintiffs' Response to the Report and Recommendation of the Special Master - 9/28/23
- Secretary Allen's Objections to the Special Master's Proposed Remedial Plans - 9/28/23
- Rep. Chris Pringle and Sen. Steve Livingston's Objections to the Special Master's Proposed Remedial Plans - 9/28/23
- Written Response by the Special Master - 10/2/23
- Injunction, Order, and Court-Ordered Remedial Map - 10/5/23
- Joint Motion to Set Scheduling Order Regarding Attorneys' Fees - 10/20/23
- Order - 10/25/23
- Joint Notice Regarding Maptitude License - 10/27/23
- Statement of Fees and Expenses - 11/3/23
- Motion to Amend Statement of Fees and Expenses - 11/6/23
- Defendant's Response to the Special Master's Statement of Fees and Expenses - 11/17/23
- Joint Motion for a Briefing Schedule on Singleton Plaintiffs' Status as Prevailing Parties - 11/29/23
- Order - 11/30/23
- Order - 11/30/23
- Order Regarding the Special Master's Statement of Fees and Expenses - 12/5/23
- Singleton Plaintiffs' Motion for an Order Regarding Prevailing Party Status - 12/18/23
- Report of the Parties' Planning Meeting - 12/27/23
- Order - 1/11/24
- Defendants' Response to Singleton Plaintiffs' Motion for an Order Regarding Prevailing Party Status - 1/12/24
- Reply in Support of Singleton Plaintiffs' Motion for an Order Regarding Prevailing Party Status - 1/26/24
- Second Amended Complaint - 1/31/24
- Report of the Parties' Planning Meeting - 2/12/24
- Report of the Parties' Planning Meeting - 2/13/24
- Defendants' Motion to Dismiss - 2/14/24
- Defendants' Corrected Motion to Dismiss - 2/14/24
- Order - 2/22/24
- Singleton Plaintiffs' Opposition to Defendants' Motion to Dismiss - 3/7/24
- Order - 3/12/24
- Statement of Interest of the United States of America - 3/14/24
- Defendants' Reply in Support of Motion to Dismiss - 3/21/24
- Order - 4/15/24
- Order - 5/3/24
- Defendants' Notice of Supplemental Authority - 5/31/24
- Singleton Plaintiffs' Response to Defendants' Notice of Supplemental Authority - 6/4/24
- Order - 7/11/24
- Secretary Allen's Answer to Plaintiffs' Second Amended Complaint - 7/25/24
- Defendant Rep. Chris Pringle and Sen. Steve Livingston's Answers to Plaintiffs' Second Amended Complaint - 7/25/24
- Joint Motion to Extend Deadline to Serve Supplemental Expert Reports and Supplemental Disclosures - 7/26/24
- State Defendants' Submission of Their Expert Reports - 8/7/24
- Stipulation of Voluntary Dismissal of Plaintiff Eddie Billingsley - 8/15/24
- Joint Motion to Amend Scheduling Order - 11/20/24
- Order - 11/20/24