Case Summary
On July 9, 2018, three Mississippi voters filed a federal lawsuit against Mississippi’s Governor, Secretary of State, and Attorney General challenging their state Senate district as diluting Black voters’ voting strength in violation of § 2 of the federal Voting Rights Act (“VRA”). They sought a court order requiring the district be redrawn so that Black voters were better able to elect their candidate of choice.
- On February 13, 2019, the federal district court held the district violated § 2 and ordered it be redrawn, releasing its full opinion and order three days later. Defendants filed a notice of appeal to the U.S. Court of Appeals for the 5th Circuit on February 19, 2019.
- On February 28, 2019, a three-judge 5th Circuit panel affirmed the district court’s decision and approved the state legislature’s remedial plan for use. Defendants subsequently requested a rehearing en banc, which the 5th Circuit granted on September 23, 2019.
- The en banc 5th Circuit heard oral arguments on January 22, 2020. On June 19, 2020, the 5th Circuit dismissed the case as moot on the grounds the 2019 elections had been held and the map at issue would no longer be used.
Case Library
U.S. District Court for the Southern District of Mississippi - 3:18-cv-00441
- Complaint - 7/9/18
- First Amended Complaint - 7/25/18
- Answer and Defenses - 8/8/18
- Defendants' Motion for Summary Judgment - 9/4/18
- Memorandum of Law in Support of Defendants' Motion for Summary Judgment - 9/4/18
- Declaration of William S. Cooper - 9/18/18
- Plaintiffs' Memorandum in Opposition to Defendants' Motion for Summary Judgment - 9/18/18
- Defendants' Reply to Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment - 9/25/18
- Brief in Support of Defendants' Motion to Convene Three-Judge District Court or, in the Alternative, to Dismiss for Lack of Jurisdiction - 1/24/19
- Order - 2/5/19
- Defendants' Motion for Judgment as a Matter of Law - 2/6/19
- Plaintiffs' Supplemental Memorandum in Opposition to the Defendants' Motion for Summary Judgment - 2/10/19
- Order - 2/13/19
- Memorandum Opinion and Order - 2/16/19
- Notice of Appeal - 2/19/19
- Defendants' Motion to Stay Order Pending Appeal - 2/19/19
- Plaintiffs' Memorandum in Opposition to the Motion for Stay Pending Appeal Filed by the Governor and the Secretary of State - 2/22/19
- Order - 2/25/19
- Order - 2/26/19
- Order - 2/26/19
- Final Judgment - 2/26/19
- Notice of Appeal - 2/27/19
- Motion of Defendants Phil Bryant and Delbert Hosemann for Stay of Final Judgment Pending Appeal - 2/28/19
- Order - 2/28/19
- United States Court of Appeals for the Fifth Circuit Judgment - 3/1/19
- Plaintiffs' Response in Opposition to Motion of Defendants Bryant and Hosemann for Stay of Final Judgment Pending Appeal - 3/1/19
- Supplemental Memorandum of Defendants Phil Bryant and Delbert Hosemann in Support of Motion for Stay of Final Judgment Pending Appeal - 3/1/19
- Plaintiffs' Supplemental Response in Opposition to Motion of Defendants Bryant and Hosemann for Staying of Final Judgment Pending Appeal - 3/3/19
- Plaintiffs' Second Supplemental Response in Opposition to Motion of Defendants Bryant and Hosemann for Staying of Final Judgment Pending Appeal - 3/4/19
- Order - 3/6/19
- United States Court of Appeals for the Fifth Circuit Order - 3/15/19
U.S. Court of Appeals for the Fifth Circuit - 19-60109
- Judgment (Case No. 19-60109) - 2/28/19
U.S. Court of Appeals for the Fifth Circuit - 19-60133
- Response to Appellants' Emergency Motion for Stay of Order - 2/27/19
- Non-Dispositive Published Opinion - 3/25/19
- Brief for the Appellants - 4/18/19
- Brief of Appellees - 5/6/19
- Reply Brief for the Appellants - 5/13/19
- Opinion - 8/1/19
- Judgment - 8/1/19
- Modified Opinion - 9/3/19
- Order - 2/18/19
- Response to Appellants' Emergency Motion for Stay of Judgment - 3/11/19
- Reply in Support of Emergency Motion for Stay of Judgment - 3/12/19
- Proposed Amicus Curiae Brief of Judicial Watch, Inc. in Support of Defendants-Appellants' Emergency Motion for Stay Pending Appeal - 3/15/19
- Order Granting in Part Motion for Stay Pending Appeal - 3/15/19
- Technical Revision Made to Opinion - 3/25/19
- Motion for Expedited Initial Appeal En Banc - 4/8/19
- Petition for Hearing En Banc - 4/8/19
- Response to Appellants' Motion for Expedited Initial Appeal En Banc - 4/12/19
- Reply to Appellees' Response to Appellants' Motion for Expedited Initial Appeal En Banc - 4/15/19
- Order - 4/16/19
- Expedited Briefing Order - 4/16/19
- Order Denying Motion for Hearing En Banc - 5/7/19
- En Banc Brief for the Appellants Governor Phil Bryant and Secretary of State Delbert Hosemann - 10/23/19
- Proposed Amicus Curiae Brief of Judicial Watch, Inc. in Support of Defendants-Appellants - 10/23/19
- En Banc Brief of Appellees - 11/22/19
- Amici Curiae Brief of the ACLU, ACLU of MS, LWV of the US, LWV of MS & Common Cause in Support of Plaintiffs-Appellees for Affirmance on Rehearing En Banc - 11/29/19
- Order - 12/11/19
- Amici Curiae Brief of the American Civil Liberties Union of MS, League of Women Voters of the US, League of Women Voters of MS & Common Cause in Support of Plaintiffs-Appellees for Affirmative on Rehearing En Banc - 12/11/19
- Order Granting Motion - 1/6/20
- Supplemental Letter Brief Filed - 1/17/20
- Appellees Supplemental Letter Brief Filed - 1/20/20
- En Banc Published Opinion Filed - 6/18/20
- En Banc Judgment Filed - 6/18/20
- Mandate Issued - 6/18/20