CASE SUMMARY
When Virginia redrew its congressional districts in 2012 it was a covered jurisdiction under the federal Voting Rights Act (“VRA”) so, in order to secure preclearance from the U.S. Department of Justice, the state increased the Black-voting-age-population (“BVAP”) of District 3 from 53.1% to 56.3% citing equal population requirements and the non-retrogression standard under VRA § 5. Meanwhile, on June 25, 2013, the U.S. Supreme Court struck down the VRA § 4(b) coverage formula as unconstitutional in Shelby County v. Holder, thereby making Virginia no longer a covered jurisdiction subject to preclearance.
On October 2, 2013, several Virginia voters filed a federal lawsuit against Virginia’s State Board of Elections and Attorney General challenging the state’s 3rd Congressional District as an unconstitutional racial gerrymander in violation of the 14th Amendment’s Equal Protection Clause. Plaintiffs argued since Virginia was no longer a covered jurisdiction, the State’s predominant use of race when drawing District 3 could no longer be justified as necessary to comply with the VRA. They sought a judicial declaration that District 3 was unconstitutional, a permanent injunction barring its use in future elections, and for the court to take any actions necessary to determine and implement a legally valid congressional plan.
- On October 7, 2014, a three-judge panel of the U.S. District Court for the Eastern District of Virginia struck down District 3 as an unconstitutional racial gerrymander. Citing the fact the district had been a safe majority-minority district for two decades and the General Assembly’s admitted use of a “target” 55% BVAP when drawing the district, it explained the State’s use of race was not narrowly tailored to comply with VRA § 5. Several Virginia state representatives who had intervened in the case as defendants appealed to the U.S. Supreme Court on October 30, 2014.
- On March 30, 2015, the U.S. Supreme Court vacated the district court’s decision and remanded the case for further consideration in light of its ruling in Alabama Legislative Black Caucus v. Alabama, which held that efforts to equalize populations across districts cannot serve as the “predominant” consideration when redistricting and that VRA § 5 didn’t require jurisdictions to maintain a specific minority percentage in a given district, only to maintain the minority group’s ability to elect their preferred candidate of choice.
- On June 5, 2015, the three-judge district court panel again struck down the plan as an unconstitutional racial gerrymander and ordered a remedial plan be enacted. It found the State failed to sufficiently justify their race-based redistricting decisions and rejected their argument that politics, not race, drove their decisions.
- On September 25, 2015, the district court appointed a special master to draft a remedial congressional plan, which the court adopted on January 7, 2016.
- On March 4, 2016, several Members of Congress who had intervened as defendants appealed the district court’s remedial decision to the U.S. Supreme Court and sought a stay pending appeal, but the Court declined their request.
- On May 23, 2016, the U.S. Supreme Court unanimously dismissed the case on the grounds the Intervening-Members of Congress lacked Article III standing to pursue the appeal since none of them resided in the district as issue, meaning none could demonstrate a cognizable injury for standing purposes.
- On June 20, 2016, the parties entered a voluntary stipulation of dismissal with the district court which was granted two days later, thereby ending the case.
CASE LIBRARY
U.S. District Court for the Eastern District of Virginia, Richmond Division - No. 3:13-cv-678 (Page v. Va. State Bd. of Elections)
- Complaint - 10/2/13
- Order Designating Three-Judge Court - 10/21/13
- Defendants' Motion to Dismiss - 10/25/13
- Defendants' Memorandum in Support of Motion to Dismiss - 10/25/13
- Answer of Defendants Judd, Bowers and Palmer - 10/25/13
- Stipulation of Dismissal as to Virginia State Board of Elections and Kenneth Cuccinelli II - 11/21/13
- Virginia Representatives' Unopposed Motion to Intervene - 11/25/13
- Memorandum in Support of Virginia Representatives' Unopposed Motion to Intervene - 11/25/13
- Virginia Representatives' Amended Unopposed Motion to Intervene - 12/2/13
- Memorandum in Support of Virginia Representatives' Amended Unopposed Motion to Intervene - 12/2/13
- Order Granting Motion to Intervene - 12/3/13
- Answer of Intervenor-Defendants Virginia Representatives - 12/3/13
- Dawn Curry Page, Gloria Personhuballah and James Farkas' Brief on Available Remedies - 12/6/13
- Defendants' Memorandum in Response to Plaintiffs' Brief on Available Remedies - 12/13/13
- Intervenor-Defendants Virginia Representatives' Response to Plaintiffs' Brief on Available Remedies - 12/13/13
- Page, Personhuballah and Farkas Plaintiffs' Reply in Support of Brief on Available Remedies - 12/16/13
- Defendants' Motion for Summary Judgment - 12/20/13
- Memorandum in Support of Motion for Summary Judgment - 12/20/13
- Intervenor-Defendants' Motion for Summary Judgment - 12/20/13
- Intervenor-Defendants' Memorandum in Support of Motion for Summary Judgment - 12/20/13
- Objection to the Plaintiffs' Third-Party Subpoenas for the Production of Documents - 12/30/13
- Plaintiffs' Response in Opposition to Defendants' and Intervenors' Motions for Summary Judgment - 12/31/13
- Reply Memorandum in Support of Motion for Summary Judgment - 1/6/14
- Intervenor-Defendants' Reply Memorandum in Support of Motion for Summary Judgment - 1/6/14
- Plaintiffs' Unopposed Motion to Supplement the Record on Summary Judgment and Memorandum in Support - 1/23/14
- Order - 1/24/14
- Order Denying Motions for Summary Judgment - 1/27/14
- Plaintiffs' Notice of Filing of Alternative Congressional Redistricting Plan - 2/4/14
- Consent Motion to Extend Discovery for Depositions of the Plaintiffs - 3/27/14
- Motion to Quash Subpoenas to Robert B. Bell, William Robert Janis, and Christopher Marston and/or for a Protective Order - 3/28/14
- Memorandum of Points and Authorities in Support of Motion to Quash Subpoenas to Robert B. Bell, William Robert Janis, and Christopher Marston and/or for a Protective Order - 3/28/14
- Objections of Christopher Marston to Plaintiffs' Third Party Subpoena for the Production of Documents - 3/28/14
- Order Granting Motion to Extend Discovery for Depositions of the Plaintiffs - 3/31/14
- Order - 4/2/14
- Plaintiffs' and Defendants' Stipulated Amendment to the Case Schedule - 4/2/14
- Order - 4/4/14
- Transcript of Motions Hearing on January 27, 2014 - 4/7/14
- Motion for Extension of Time by Christopher Marston - 4/7/14
- Memorandum of Points and Authorities in Support of Motion for Extension of Time - 4/7/14
- Order - 4/8/14
- Stipulation of Dismissal as to Dawn Curry Page - 4/9/14
- Order - 4/9/14
- Plaintiffs' Motion to Enforce Compliance With Subpoena - 4/14/14
- Plaintiffs' Combined Opposition to Motion to Quash and/or for a Protective Order and Memorandum in Support of Motion to Enforce Compliance with Subpoena - 4/14/14
- Reply Memorandum in Further Support of Motion to Quash Subpoenas to Robert B. Bell, et al., and/or for a Protective Order and Opposition to Motion to Enforce Compliance with Subpoena - 4/16/14
- Trial Brief of Intervenor-Defendants and Defendants - 4/16/14
- Plaintiffs' Trial Brief - 4/16/14
- Order - 4/17/14
- Plaintiffs' Sur-Reply Memorandum in Opposition to Christopher Marston's Motion to Quash - 4/22/14
- Memorandum Order - 5/5/14
- Order - 5/6/14
- Memorandum Opinion - 5/8/14
- Order Granting in Part and Denying in Part Motion to Quash - 5/8/14
- Transcript of Proceedings on May 12, 2014 - 5/13/14
- Bench Trial Transcript Day 1 - 5/21/14
- Bench Trial Transcript Day 2 - 5/22/14
- Plaintiffs' Post-Trial Brief - 6/6/14
- Post-Trial Brief of Intervenor-Defendants and Defendants - 6/20/14
- Plaintiffs' Post-Trial Reply Brief - 6/27/14
- Memorandum Opinion - 10/7/14
- Order - 10/7/14
- Intervenor-Defendants' Notice of Appeal - 10/30/14
- Letter from U.S. Supreme Court Regarding Appeal Placement on Docket - 12/4/14
- Intervenor-Defendants' Motion to Postpone Remedial Deadline Until September 1, 2015 - 1/27/15
- Memorandum in Support of Intervenor-Defendants' Motion to Postpone Remedial Deadline Until September 1, 2015 - 1/28/15
- Defendants' Brief in Opposition in Part to Intervenor-Defendants' Motion to Postpone Remedial Deadline - 2/9/15
- Plaintiffs' Opposition to Intervenor-Defendants' Motion to Postpone Remedial Deadline - 2/9/15
- Reply in Support of Intervenor-Defendants' Motion to Postpone Remedial Deadline - 2/12/15
- Memorandum Opinion - 2/23/15
- Order Granting Motion to Postpone Remedial Deadline - 2/23/15
- Notice of Decision - 3/26/15
- Notice of Decision - 3/30/15
- U.S. Supreme Court Order Vacating and Remanding Case - 4/1/15
- Order - 4/3/15
- Defendants' Opening Brief Regarding the Legal Effect of Alabama Legislative Black Caucus v. Alabama - 4/13/15
- Motion of Virginia Representatives David Brat and Barbara Comstock to Intervene as Additional Intervenor-Defendants - 4/13/15
- Memorandum in Support of Motion of Virginia Representatives David Brat and Barbara Comstock to Intervene as Additional Intervenor-Defendants - 4/13/15
- Plaintiffs' Opening Brief Regarding Alabama Legislative Black Caucus v. Alabama - 4/13/15
- Transcript of Proceedings on Motion to Quash Subpoenas Held on April 29, 2014 - 4/14/15
- Intervenor-Defendants' Response Brief Regarding Alabama Legislative Black Caucus v. Alabama - 4/23/15
- Plaintiffs' Memorandum in Opposition to the Motion to Intervene - 4/27/15
- Defendants' Reply Brief Regarding the Legal Effect of Alabama Legislative Black Caucus v. Alabama - 4/30/15
- Plaintiffs' Reply Brief Regarding Alabama Legislative Black Caucus v. Alabama - 4/30/15
- Reply in Support of Motion of Virginia Representatives David Brat and Barbara Comstock to Intervene as Additional Intervenor-Defendants - 5/4/15
- Motion to Intervene as Plaintiffs by the Virginia State Conference of NAACP Branches - 5/5/15
- Memorandum of Law in Support of Motion to Intervene by the Virginia State Conference of NAACP Branches - 5/5/15
- Order Granting Virginia Representatives' Motion to Intervene - 5/11/15
- Corrected Complaint in Intervention of the Virginia State Conference of NAACP Branches - 5/11/15
- Intervenor-Defendants' Response to Motion to Intervene as Plaintiffs by the Virginia State Conference of NAACP Branches - 5/19/15
- Reply in Support of Motion to Intervene of the Virginia State Conference of NAACP Branches - 5/26/15
- Order Denying Motion to Intervene by Virginia State Conference of NAACP Branches - 5/26/15
- Memorandum Opinion - 6/5/15
- Order Enjoining Elections and Ordering Adoption of New Redistricting Plan - 6/5/15
- Intervenor-Defendants' Notice of Appeal - 6/18/15
- Order Substituting Judge on Three-Judge Court - 6/30/15
- Notice of Virginia General Assembly Special Session - 7/14/15
- Interested-Parties Virginia House of Delegates' and Virginia Senate's Motion for an Extension of Time to Comply With This Court's June 5, 2015 Order - 7/15/15
- Memorandum in Support of Interested Parties' Virginia House of Delegates' and Virginia Senate's Motion for an Extension of Time to Comply With This Court's June 5, 2015 Order - 7/15/15
- Defendants' Motion to File Sur-Reply - 7/28/15
- Memorandum in Support of Defendants' Motion to File Sur-Reply - 7/28/15
- Plaintiffs' Opposition to Non-Parties Virginia House of Delegates' and Virginia Senate's Motion for an Extension of Time to Comply With This Court's June 5, 2015 Order - 7/29/15
- Defendants' Brief in Opposition to Virginia House of Delegates' and Virginia Senate's Motion for an Extension of Time to Comply With This Court's June 5, 2015 Order - 7/29/15
- Reply Memorandum in Support of Interested Parties' Virginia House of Delegates' and Virginia Senate's Motion for an Extension of Time to Comply With This Court's June 5, 2015 Order - 7/31/15
- Order Denying Motion for Extension of Time to Comply With June 5, 2015 Order - 8/5/15
- Order - 8/31/15
- Order Regarding Special Master Appointment - 9/3/15
- Transcript of Proceedings Held on September 2, 2015 - 9/3/15
- Intervenor-Defendants' Notice Regarding Candidates to Serve as Special Master - 9/4/15
- Defendants' Submission Regarding Candidates for Special Master - 9/4/15
- Plaintiffs' Proposed Special Masters and Comments on Court-Identified Possible Candidates - 9/4/15
- Order - 9/9/15
- Order - 9/10/15
- Brief of OneVirginia2021 Urging the Court to Adopt a Remedial Plan That Addresses the Specific Deficiencies in the Third Congressional District Identified by the Court in This Case - 9/16/15
- Intervenor-Defendants' Consent Motion to Enter Agreed Order Regarding Submission of Proposed Remedial Plans - 9/16/15
- Memorandum in Support of Intervenor-Defendants' Consent Motion to Enter Agreed Order Regarding Submission of Proposed Remedial Plans - 9/16/15
- Agreed Submission Regarding Proposed Candidates for Special Master - 9/16/15
- Letter Submission of Proposed Plan by Richmond First Club - 9/17/15
- Letter Submission of Proposed Plan by Virginia Senator J. Chapman Petersen - 9/17/15
- Order - 9/17/15
- Order Regarding Submission of Proposed Remedial Plans - 9/17/15
- Brief in Support of Remedial Plan on Behalf of Bull Elephant Media LLC - 9/17/15
- Defendants' Response to September 3, 2015 Order - 9/18/15
- Second Agreed Submission Regarding Proposed Candidates for Special Master - 9/18/15
- Defendants' Emergency Motion to Make Proposed Remedial Plans and Supporting Materials Accessible on DLS Website - 9/18/15
- Brief in Support of Defendants' Emergency Motion to Make Proposed Remedial Plans and Supporting Materials Accessible on DLS Website - 9/18/15
- Brief in Support of the Proposed Congressional Redistricting Plan Submitted by the Virginia State Conference of NAACP Branches - 9/18/15
- Letter Submission of Remedial Plan Comments by Jacob Rapoport - 9/18/15
- Plaintiffs' Memorandum in Support of Their Proposed Remedial Plan - 9/18/15
- Declaration of Kevin J. Hamilton in Support of Plaintiffs' Proposed Remedial Plan - 9/18/15
- Memorandum in Support of Remedial Congressional Districting Plan Submitted by the Governor of Virginia - 9/18/15
- Plaintiffs' Memorandum in Opposition to Defendants' Emergency Motion to Make Proposed Remedial Plans and Supporting Materials Accessible on DLS Website - 9/20/15
- Reply Brief in Further Support of Defendants' Emergency Motion to Make Proposed Remedial Plans and Supporting Materials Accessible on DLS Website - 9/21/15
- Notice of Appointment of Dr. Bernard Grofman as Special Master - 9/23/15
- Order - 9/23/15
- Non-Party Donald Garrett Proposed Redistricting Plan - 9/24/15
- Amended Order - 9/24/15
- Response Submitting Parties' Proposed Order Appointing the Special Master - 9/25/15
- Order Appointing Special Master - 9/25/15
- Agreed Submission Regarding Special Master's Reliance on DLS Employees for Technical Assistance - 10/2/15
- Order - 10/6/15
- Brief of OneVirginia2021 Highlighting the Proposed Remedial Plans That Best Address the Specific Deficiencies in the 3rd Congressional District Identified by the Court in This Case - 10/7/15
- Plaintiffs' Memorandum Regarding Proposed Remedial Plans of Intervenors and Non-Parties - 10/7/15
- Intervenor-Defendants' Brief Regarding Proposed Remedial Plans Submitted by Plaintiffs and Non-Parties - 10/7/15
- Defendants' Response to Proposed Remedial Plans - 10/7/15
- Declaration of Kevin J. Hamilton in Support of Plaintiffs' Memorandum Regarding Proposed Remedial Plans of Intervenors and Non-Parties - 10/7/15
- Governor of Virginia's Memorandum in Response to Other Parties' Remedial Congressional Districting Plans - 10/7/15
- Brief in Response to the Proposed Congressional Redistricting Plans Submitted by Parties and Non-Parties - 10/7/15
- Memorandum in Response to Remedial Plans on Behalf of Bull Elephant Media LLC - 10/7/15
- Letter to Court from Fred Hussain Regarding Remedial Plan - 10/7/15
- Motion of Common Cause and New Virginia Majority for Leave to File Memorandum as Amici Curiae - 10/9/15
- Memorandum in Support of Garrett's Redistricting Plan - 10/13/15
- Memorandum in Opposition to TBE Plan B - 10/13/15
- Order - 10/22/15
- Plaintiffs' Statement of Position Regarding Report of Dr. Lisa Handley - 11/9/15
- Intervenor-Defendants' Statement of Position Regarding Use of Data Submitted by Dr. Lisa Handley - 11/9/15
- Defendants' Statement of Position Regarding Special Master's Use of Dr. Handley's Data - 11/9/15
- Order - 11/10/15
- Order - 11/12/15
- Memorandum of Amici Curiae Common Cause and New Virginia Majority Regarding Proposed Remedial Plans - 11/12/15
- Intervenor-Defendants' Motion to Suspend Further Proceedings and to Modify Injunction Pending Supreme Court Review - 11/16/15
- Memorandum in Support of Intervenor-Defendants' Motion to Suspend Further Proceedings and to Modify Injunction Pending Supreme Court Review - 11/16/15
- Report of the Special Master - 11/16/15
- Order - 11/17/15
- Order - 11/18/15
- Defendants' Statement of Position Regarding Special Master's Final Report - 11/24/15
- Plaintiffs' Statement of Position Regarding Special Master Report - 11/24/15
- Brief in Response to the Special Master's Proposed Congressional Redistricting Plans - 11/24/15
- Intervenor-Defendants' Statement of Position Regarding the Special Master's Final Report - 11/24/15
- Governor of Virginia's Position Statement Regarding Report and Recommendation of the Special Master - 11/24/15
- Memorandum in Response to the Report of the Special Master, Professor Grofman on Behalf of Bull Elephant Media LLC - 11/24/15
- Plaintiffs' Opposition to Intervenor-Defendants' Motion to Suspend Further Proceedings and to Modify Injunction Pending Supreme Court Review - 11/30/15
- Defendants' Brief in Opposition to Intervenors' Motion to Suspend Further Proceedings and to Modify Injunction Pending Supreme Court Review - 11/30/15
- Non-Party Donald Garrett Statement of Position Regarding the Report of the Special Master - 12/1/15
- Plaintiffs' Response to Other Parties' Submissions on Final Report of Special Master - 12/1/15
- Declaration of Kevin J. Hamilton in Support of Plaintiffs' Response to Other Parties' Submissions on Final Report of Special Master - 12/1/15
- Brief in Response to the Special Master's Proposed Congressional Redistricting Plans - 12/1/15
- Intervenor-Defendants' Response to Statements of Position Regarding the Special Master's Final Report - 12/1/15
- Defendants' Response in Support of the Recommendations of the Special Master - 12/1/15
- Declaration of Trevor S. Cox - 12/1/15
- Order - 12/4/15
- Reply in Support of Intervenor-Defendants' Motion to Suspend Further Proceedings and to Modify Injunction Pending Supreme Court Review - 12/7/15
- Supplementary Comments to the Report by the Special Master - 12/11/15
- Order - 12/15/15
- Plaintiffs' Statement of Position Regarding Supplement II to the Report by the Special Master - 12/23/15
- Memorandum Opinion - 1/7/16
- Order - 1/7/16
- Transcript of Motions Hearing Held on December 14, 2015 - 1/14/16
- Intervenor-Defendants' Notice of Appeal of Remedial Opinion and Order - 3/4/16
- Stipulation of Dismissal of Appeal of Remedial Opinion and Order - 6/20/16
- Order Regarding Stipulated Dismissal - 6/22/16
U.S. Supreme Court - No. 14-518 (Cantor v. Personhuballah)
- Jurisdictional Statement - 10/31/14
- Motion to Dismiss or Affirm - 12/4/14
- Brief Opposing Appellees' Motion to Dismiss or Affirm - 12/22/14
- Order Vacating and Remanding Case - 3/30/15
U.S. Supreme Court - No. 14-1504 (Wittman v. Personhuballah)
- Jurisdictional Statement - 6/22/15
- Motion to Dismiss or Affirm - 7/22/15
- Motion to Affirm by Virginia State Board of Elections Appellees - 7/22/15
- Brief Opposing Appellees' Motions to Dismiss or Affirm - 8/4/15
- Supplemental Brief for Appellees Gloria Personhuballah and James Farkas on Standing - 10/13/15
- Supplemental Brief of Virginia State Board of Elections Appellees - 10/13/15
- Appellants' Brief Regarding Standing - 10/13/15
- Appellees Gloria Personhuballah and James Farkas Reply Brief on Standing - 10/20/15
- Appellants' Reply Brief Regarding Standing - 10/20/15
- Reply of Virginia State Board of Elections Appellees to Supplemental Briefing on Standing - 10/20/15
- Brief for Appellants - 12/28/15
- Brief of Alabama and Texas as Amici Curiae in Support of Appellants - 1/4/16
- Brief for Appellees - 1/27/16
- Brief of Virginia State Board of Elections Appellees - 1/27/16
- Brief for the United States as Amicus Curiae Supporting Appellees - 2/3/16
- Brief of the Campaign Legal Center, The League of Women Voters, The Voting Rights Institute, and the National Council of Jewish Women as Amici Curiae in Support of Appellees - 2/3/16
- Brief of Amicus Curiae The Lawyers' Committee for Civil Rights Under Law in Support of Appellees - 2/3/16
- Brief of Amicus Curiae The Virginia State Conference of the NAACP in Support of Appellees - 2/3/16
- Brief of Amicus Curiae OneVirginia2021 in Support of Appellees - 2/3/16
- Reply Brief for Appellants - 2/26/16
- Opinion - 5/23/16