CASE SUMMARY
On December 21, 2001, several Pennsylvania voters filed a federal lawsuit against the Commonwealth of Pennsylvania and various state officials challenging the General Assembly’s enacted congressional redistricting plan as malapportioned and as a partisan gerrymander in violation of the U.S. Constitution. Plaintiffs alleged the plan subordinated neutral redistricting criteria in order to advantage Republicans and disadvantage Democrats in violation of Article I, §§ 2 and 4 of the U.S. Constitution, the Equal Protection Clause, and the Privileges and Immunities Clause. They also asserted the plan’s 19-person total population deviation was not adequately justified in violation of the one person, one vote requirement under Article I, § 2. They sought a judicial declaration the plan was unconstitutional, an injunction barring the plan from use in future elections, and an order imposing a new plan for use in the 2002 elections.
- On February 22, 2002, a three-judge panel of the U.S. District Court for the Middle District of Pennsylvania dismissed the plaintiffs’ partisan gerrymandering claims for failure to state a valid claim but permitted their one person, one vote challenge to proceed.
- On April 8, 2002, the three-judge district court panel struck down the congressional plan for violating one person, one vote, finding the state failed to adequately justify the plan’s deviations. The court initially enjoined the map from use, but later stayed its decision and allowed the plan to be used in the 2002 primary election as scheduled.
- On April 17, 2002, the Pennsylvania General Assembly passed a remedial congressional plan and the Governor signed it into law the next day. On January 24, 2003, the district court panel approved the General Assembly’s remedial plan and again rejected the plaintiffs’ partisan gerrymandering claims. Plaintiffs filed a notice of appeal to the U.S. Supreme Court on February 24, 2003.
- On April 28, 2004, SCOTUS issued a split decision with no majority opinion effectively affirming the district court’s judgment. Justice Scalia’s plurality opinion, joined by three other Justices, stated it believed the Court should declare all partisan gerrymandering claims nonjusticiable on the grounds no sufficiently manageable and neutral standard for evaluating them had arose in the 18 years since the Court’s last partisan gerrymandering case, Davis v. Bandemer. Justice Kennedy, the fifth vote in favor of affirming the district court, wrote a concurrence explaining that the Court shouldn’t yet declare partisan gerrymandering claims nonjusticiable since it remained possible an appropriate standard for evaluating them could still emerge in the future.
CASE LIBRARY
U.S. District Court for the Middle District of Pennsylvania - No. 1:01-cv-2439
- Complaint - 12/21/01
- Plaintiffs' Motion to Convene a Three-Judge Court - 12/21/01
- Plaintiffs' Memorandum of Law in Support of Motion to Convene a Three-Judge Court - 12/27/01
- Amended Complaint for Declaratory and Injunctive Relief - 1/11/02
- Motion to Declare Deadline - 1/11/02
- Memorandum of Law in Support of Motion to Declare Deadline - 1/11/02
- Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss - 2/5/02
- Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Abstain - 2/5/02
- Reply Brief for Defendants Lieutenant Governor Jubelirer and Speaker Ryan in Support of Their Motion to Dismiss - 2/8/02
- Appendix for Defendants Lieutenant Governor Jubelirer and Speaker Ryan in Support of Their Replies to Plaintiffs' Briefs in Opposition to Motion to Dismiss and Motion to Abstain - 2/8/02
- Reply Brief in Support of Motion to Dismiss of Defendants Commonwealth of Pennsylvania, Governor Schweiker, Secretary Pizzingrilli and Commissioner Filling - 2/8/02
- Order - 2/11/02
- Expedited Motion to Quash Subpoena or For Protective Order - 2/19/02
- Memorandum of Law in Support of Motion to Quash Subpoena or for Protective Order - 2/19/02
- Order - 2/19/02
- Motion to Intervene of House Republican Caucus - 2/19/02
- Memorandum of Law in Support of Motion to Intervene of House Republican Caucus - 2/19/02
- Plaintiffs' Motion to Expedite - 2/20/02
- Memorandum of Law in Support of Plaintiffs' Motion to Expedite - 2/20/02
- Plaintiffs' Memorandum of Law in Opposition to Motion to Quash Subpoena or for Protective Order - 2/20/02
- Presiding Officers' Memorandum of Law in Opposition to Plaintiffs' Motion to Expedite - 2/21/02
- Reply of Presiding Officers to Plaintiffs' Memorandum of Law in Opposition to Motion to Quash or for Protective Order - 2/21/02
- Order - 2/21/02
- Motion in Limine to Prohibit Testimony Concerning the Legislative Process or Motive - 2/22/02
- Memorandum of Law in Support of Presiding Officers' Motion in Limine to Prohibit Testimony Concerning the Legislative Process or Motive - 2/22/02
- Motion to Exclude Expert Testimony by Larry Ceisler - 2/22/02
- Memorandum of Law in Support of Motion to Exclude Expert Testimony by Larry Ceisler - 2/22/02
- Motion to Exclude Expert Testimony by Dr. Allan Lichtman - 2/22/02
- Memorandum of Law in Support of Motion to Exclude Expert Testimony by Dr. Allan Lichtman - 2/22/02
- Motion to Stay Order Denying Motion to Quash and for Protective Order - 2/22/02
- Defendants Commonwealth of Pennsylvania, Schweiker, Pizzingrilli and Filling's Joinder in the Memorandum of Law of Defendants Lt. Governor Jubelirer and Speaker Ryan in Support of Motion in Limine to Prohibit Testimony Concerning the Legislative Process or Motive - 2/22/02
- Defendants Commonwealth of Pennsylvania, Schweiker, Pizzingrilli and Filling's Joinder in the Memorandum of Law of Defendants Lt. Governor Jubelirer and Speaker Ryan in Support of Motion to Exclude Expert Testimony by Dr. Allan Lichtman - 2/22/02
- Defendants Commonwealth of Pennsylvania, Schweiker, Pizzingrilli and Filling's Joinder in the Memorandum of Law of Defendants Lt. Governor Jubelirer and Speaker Ryan in Support of Motion to Exclude Expert Testimony by Larry Ceisler - 2/22/02
- Order Granting House Republican Caucus's Motion to Intervene - 2/22/02
- Order Denying Motion to Quash Subpoena - 2/22/02
- Order Denying Plaintiffs' Motion to Expedite - 2/22/02
- Opinion - 2/22/02 [Vieth I]
- Order Granting in Part and Denying in Part Defendant's Motion to Dismiss - 2/22/02
- Notice of Appeal - 2/25/02
- Plaintiffs' Motion for Clarification and/or Reconsideration - 2/25/02
- Memorandum of Law in Support of Plaintiffs' Motion for Clarification and/or Reconsideration - 2/25/02
- Memorandum of Law of the House Republican Caucus in Support of Motion for Stay Pending Appeal - 2/25/02
- Order Denying Plaintiffs' Motion for Clarification and/or Reconsideration - 2/26/02
- Order Denying Defendants' Motion to Stay Order - 2/26/02
- Plaintiffs' Memorandum in Opposition to Motion in Limine to Prohibit Testimony Concerning the Legislative Process or Motive - 2/26/02
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Expert Testimony by Dr. Allan Lichtman - 2/26/02
- Plaintiffs' Opposition to Defendants' Motion to Stay Order Denying Motion to Quash - 2/26/02
- Letter to Court from Defendants Lt. Governor Jubelirer and House Republican Caucus - 2/26/02
- Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Expert Testimony by Larry Ceisler - 2/27/02
- Order - 2/27/02
- Reply of Presiding Officers to Plaintiffs' Opposition to Motion in Limine - 2/28/02
- Memorandum Opinion - 3/1/02
- Order Denying Motion in Limine to Prohibit Testimony Concerning the Legislative Process or Motive - 3/1/02
- Plaintiffs' Motion to Divide the March 11-12 Hearing - 3/1/02
- Memorandum in Support of Plaintiffs' Motion to Divide March 11-12 Hearing - 3/1/02
- Plaintiffs' Motion to Shorten Period Within Which to Answer Interrogatories - 3/5/02
- Presiding Officers' Memorandum in Opposition to Plaintiffs' Motion to Divide March 11-12 Hearing - 3/5/02
- Defendants Governor Schweiker, Secretary Pizzingrilli and Commissioner Filling's Joinder in the Presiding Officers' Opposition to Plaintiffs' Motion to Divide March 11-12 Hearing - 3/5/02
- Order Denying Motion to Divide March 11-12 Hearing - 3/6/02
- Order - 3/6/02
- Order Denying Motions to Exclude Expert Testimony of Larry Ceisler and Dr. Allan Lichtman - 3/6/02
- Answer With Affirmative Defenses of Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling - 3/8/02
- Answer and Defenses of Defendants Lieutenant Governor Jubelirer and Speaker Ryan - 3/8/02
- Plaintiffs' Trial Brief - 3/11/02
- Plaintiffs' Post-Trial Brief - 3/15/02
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 3/15/02
- Post-Hearing Brief for Defendants Lt. Gov. Jubelirer and Speaker Ryan - 3/15/02
- Proposed Findings of Fact and Conclusions of Law for Defendants Lt. Gov. Jubelirer and Speaker Ryan - 3/15/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Proposed Findings of Fact and Conclusions of Law and Post Hearing Brief - 3/15/02
- Order - 3/19/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Reply Brief - 3/19/02
- Notice of Appeal to the U.S. Supreme Court - 3/22/02
- Opinion and Order of the Court - 4/8/02 [Vieth II]
- Order - 4/8/02
- Dissenting Opinion - 4/8/02
- Notice of Appeal to the U.S. Supreme Court - 4/11/02
- Motion for Stay, Pending Appeal of Order Granting Declaratory Judgment and Injunction and for Expedited Consideration - 4/11/02
- Memorandum of Law Supporting Motion for Stay, Pending Appeal of Order Granting Declaratory Judgment and Injunction and for Expedited Consideration - 4/11/02
- Notice of Appeal of Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling to the U.S. Supreme Court - 4/11/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Expedited Motion to Stay, Pending Appeal, the Order Granting Declaratory Judgment and Injunction, and Executive Officers' Memorandum of Law Supporting Stay - 4/11/02
- Order - 4/12/02
- Complaint in Intervention by Tom Lingenfelter - 4/18/02
- Renewed Motion for Stay, Pending Appeal, of Order Granting Declaratory Judgment and Injunction and for Expedited Consideration - 4/18/02
- Memorandum of Law Supporting Renewed Motion for Stay, Pending Appeal, of Order Granting Declaratory Judgment and Injunction and for Expedited Consideration - 4/18/02
- Motion of Senator Robert J. Mellow for Leave to Participate as Amicus Curiae - 4/22/02
- Plaintiffs' Motion to Impose Remedial Districts and, in the Alternative to Reject Act 34 and Begin Remedial Hearings - 4/22/02
- Plaintiffs' Opposition to Defendants' Renewed Motion for Stay, Pending Appeal, of Order Granting Declaratory Judgment and Injunction and for Expedited Consideration - 4/22/02
- Motion of the Casey for Governor Committee, the Rendell for Governor Committee, and the Pennsylvania Democratic Party to Intervene - 4/22/02
- Memorandum of Law in Support of Motion to Intervene by the Casey for Governor Committee, the Rendell for Governor Committee, and the Pennsylvania Democratic Party - 4/22/02
- Order Denying Tom Lingenfelter's Motion to Intervene - 4/22/02
- Order Granting Defendants' Renewed Motion for Stay Pending Appeal - 4/23/02
- Order Denying Motions for Intervention by Governor Committees and Pennsylvania Democratic Party - 4/23/02
- Order Granting Motion for Leave to File Amicus Brief - 4/23/02
- Notice of Appeal of Plaintiffs Richard Vieth, et al. - 4/23/02
- Order - 4/29/02
- Presiding Officers' Response in Opposition to Plaintiffs' Motion to Impose Remedial Districts and, in the Alternative, to Reject Act 34 and Begin Remedial Hearings - 5/1/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Opposition to Plaintiffs' Motion to Impose Remedial Districts - 5/1/02
- Motion of Tom Lingenfelter, Candidate for U.S. Congress in the 8th Congressional District, to Intervene - 5/3/02
- Motion for Partial Stay of Order Granting Defendants Permission to Conduct the 2002 Congressional Primary Elections - 5/3/02
- Motion of Senator Robert J. Mellow for Leave to Intervene or, in the Alternative, to Participate as Amicus Curiae - 5/6/02
- Memorandum of Senator Robert J. Mellow in Support of His Motion for Leave to Intervene or, in the Alternative, to Participate as Amicus Curiae - 5/6/02
- Brief of Senator Robert J. Mellow in Support of Senate Democrats' Proposed Redistricting Plan - 5/6/02
- Order Denying Tom Lingenfelter's Motions to Intervene and for Partial Stay - 5/8/02
- Presiding Officers' Response to Senator Mellow's Motion to Intervene or, in the Alternative, to Participate as Amicus Curiae - 5/20/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Response of Defendants Lt. Governor Jubelirer and Speaker Ryan to Senator Mellow's Motion to Intervene or, in the Alternative, to Participate as Amicus Curiae - 5/20/02
- Reply Memorandum of Senator Robert J. Mellow in Support of His Motion for Leave to Intervene or, in the Alternative, to Participate as Amicus Curiae - 5/30/02
- Presiding Officers' Status Report - 6/3/02
- Senator Robert J. Mellow's Response to Defendants' Status Reports - 6/18/02
- Order - 6/19/02
- Plaintiffs' Response to Defendants' Status Report Regarding Act 34's Population Deviation - 6/19/02
- Presiding Officers' Second Status Report - 8/19/02
- Senator Robert J. Mellow's Response to Defendants' Second Status Report - 9/9/02
- Senator Robert J. Mellow's Joinder in Plaintiffs' Response to Defendants' Motion to Add Necessary Party - 9/9/02
- Plaintiffs' Response to Defendants' Second Status Reports Regarding Act 34's Population Deviation - 9/9/02
- Plaintiffs' Response to Defendants' Motion to Add Necessary Party - 9/10/02
- Order - 9/13/02
- Reply to Plaintiffs' Response to Motion to Add Necessary Party - 9/13/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Reply to Plaintiffs' Response to Motion to Add Necessary Party - 9/13/02
- Memorandum of Law in Support of Motion to Conduct Limited Discovery - 9/17/02
- Plaintiffs' Opposition to Defendants' Motion to Conduct Discovery - 9/20/02
- Order - 9/25/02
- Presiding Officers' Motion for Leave to Present Evidence at Hearing - 10/4/02
- Memorandum in Support of Presiding Officers' Motion to Offer Evidence at Hearing - 10/4/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Memorandum in Support of Motion to Offer Evidence - 10/4/02
- Motion to Stay Pending Resolution of State Court Proceeding Concerning Redistricting - 10/9/02
- Memorandum in Support of Motion to Stay Pending Resolution of State Court Proceeding Concerning Redistricting - 10/9/02
- Order - 10/10/02
- Plaintiffs' Response to Defendants' Motion to Offer Evidence at Hearing - 10/17/02
- Plaintiffs' Opposition to Motion to Stay by Amicus Curiae Mellow - 10/17/02
- Memorandum by Presiding Officers - 10/18/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Memorandum in Response to This Court's October 10, 2002 Order - 10/18/02
- Reply Memorandum in Support of Senator Robert J. Mellow's Motion to Stay Pending Resolution of State Court Proceeding Concerning Redistricting - 10/22/02
- Order - 11/7/02
- Plaintiffs' Prehearing Memorandum - 12/19/02
- Presiding Officers' Motion for Summary Judgment - 12/20/02
- Memorandum in Support of Presiding Officers' Motion for Summary Judgment - 12/20/02
- Presiding Officers' Statement of Material Facts in Support of Motion for Summary Judgment - 12/20/02
- Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Memorandum in Support of Motion for Summary Judgment - 12/20/02
- Supplemental Memo in Support of Summary Judgment of Presiding Officers - 1/3/03
- Memorandum of Amicus Curiae Senator Robert J. Mellow in Opposition to Presiding Officers' Motion for Summary Judgment - 1/7/03
- Memorandum of Amicus Curiae Senator Robert J. Mellow in Response to Defendants Governor Schweiker, Secretary Weaver and Commissioner Filling's Joinder in the Presiding Officers' Memorandum in Support of Motion for Summary Judgment - 1/7/03
- Response of Amicus Curiae Senator Robert J. Mellow to Presiding Officers' Statement of Material Facts in Support of Motion for Summary Judgment - 1/7/03
- Plaintiffs' Response to Statement of Material Facts RE: Defendants' Motion for Summary Judgment - 1/7/03
- Plaintiffs' Opposition to Defendants' Motion for Summary Judgment - 1/8/03
- Presiding Officers' Reply to Opposition of Plaintiffs and Amicus to Summary Judgment - 1/9/03
- Executive Officers' Reply to Plaintiffs' and Amici's Opposition to Summary Judgment - 1/9/03
- Opinion and Order of the Court - 1/24/03
- Order - 1/24/03
- Judgment - 1/24/03
- Plaintiffs' Notice of Appeal - 2/24/03
U.S. Supreme Court - No. 02-1580
- Slip Opinion - 4/28/04