CASE SUMMARY
On March 21, 2022 a group of Arkansas voters filed a lawsuit against Arkansas's Secretary of State and the members of the Arkansas State Board of Election Commissioners challenging the state's enacted congressional redistricting plan as violating the Arkansas Constitution. First, plaintiffs assert the enacted plan "cracks" Black communities in Pulaski County, thereby diluting their voting strength in violation of the Arkansas Constitution's Free and Equal Elections Clause (art. 2, § 3) and right to vote (art. 3, § 2). Second, they allege by cracking Black communities and diluting their voting strength, the plan also violates the Arkansas Constitution's Equal Protection guarantees (art. 2, §§ 2, 3) and Equal Rights Amendment (art. 2, § 18). They are seeking a judicial declaration that the enacted plan violates the Arkansas Constitution, an injunction barring the defendants from using the plan in future elections, and a court order requiring the adoption of a new congressional plan that doesn't dilute Black voting strength.
On April 22, the defendants filed a notice of removal to transfer the case to the U.S. District Court for the Eastern District of Arkansas. On July 8, the court granted the plaintiffs' motion to stay pending its resolution of their motion for remand. On July 13, the district court issued an order remanding the case back to the Circuit Court of Pulaski County on the grounds the court lacked subject matter jurisdiction over the claims.
CASE LIBRARY
Arkansas Circuit Court, Pulaski County - No. 60CV-22-1849
- Complaint - 3/21/22
- Notice of Filing Notice of Removal - 4/22/22
U.S. District Court for the Eastern District of Arkansas, Central Division - No. 4:22-cv-368
- Notice of Removal - 4/22/22
- Complaint for Injunctive Relief and Declaratory Judgment - 4/22/22
- Defendants' Motion to Dismiss - 4/29/22
- Defendants' Brief in Support of Motion to Dismiss - 4/29/22
- Initial Scheduling Order - 5/2/22
- Plaintiffs' Motion for Remand - 5/6/22
- Plaintiffs' Brief in Support of Their Motion for Remand - 5/6/22
- Plaintiffs' Motion to Stay - 5/6/22
- Plaintiffs' Brief in Support of Motion to Stay - 5/10/22
- Plaintiffs' Motion for Extension of Time - 5/10/22
- Order - 5/12/22
- Unopposed Motion for Extension of Time - 5/12/22
- Order - 5/20/22
- Defendants' Combined Response in Opposition to Motion for Remand and Response to Motion for Stay - 6/3/22
- Plaintiffs' Unopposed Motion for Leave to File a Reply Brief in Support of Their Motions for Remand and Stay - 6/9/22
- Order - 6/23/22
- Plaintiffs' Reply Brief in Support of Their Motion for Remand and Motion to Stay - 6/23/22
- Defendants' Motion for Stay Pending Moore v. Harper - 6/30/22
- Defendants' Brief in Support of Motion for Stay Pending Moore v. Harper - 6/30/22
- Order Granting Motion for Stay - 7/8/22
- Order Granting Remand - 7/13/22
Arkansas Circuit Court, Pulaski County - No. 60CV-22-1849 [On remand]
- Notice of Remand - 7/14/22
- Plaintiffs' Motion to Compel Defendants to File an Answer and For Entry of an Order Setting a Scheduling Conference - 8/18/22
- Order - 8/25/22
- Plaintiffs' Motion for Partial Summary Judgment - 9/1/22
- Plaintiffs' Brief in Support of Motion for Partial Summary Judgment - 9/1/22
- Answer to Complaint - 9/1/22
- Motion for Judgment on the Pleadings and for Expedited Treatment - 9/1/22
- Defendants' Brief in Support of Motion for Judgment on the Pleadings - 9/1/22
- Plaintiffs' Brief in Opposition to Defendants' Request for Expedited Treatment - 9/2/22
- Brief in Opposition to Motion for Partial Summary Judgment - 9/19/22
- Plaintiffs' Brief in Opposition to Defendants' Motion for Judgment on the Pleadings - 9/21/22
- Joint Motion for Trial Continuance and for Entry of Scheduling Order - 9/29/22
- Reply in Support of Motion for Judgment on the Pleadings - 10/3/22
- Order - 10/7/22
- Plaintiffs' Reply in Support of Motion for Partial Summary Judgment - 10/7/22
- Amended Order - 10/12/22
- Joint Stipulation Regarding Pretrial Schedule - 11/1/22
- Joint Stipulation Regarding Amended Pretrial Schedule - 12/22/22
- Plaintiffs' First Requests for Admission to Defendants - 1/9/23