Last Updated: June 2, 2020 at 1:55 PM
Virginia House of Delegates v. Bethune-Hill
Case Information
Date Filed: December 22, 2014
State: Virginia
Issue: Redistricting
Courts that Heard this Case: U.S. District Court for the Eastern District of Virginia (Case 3:14-cv-00852); Supreme Court of The United States (Case 15-680)
Issue:
Whether Virginia's 2012 congressional redistricting plan constitutes unconstitutional racial gerrymandering
Status:
District Court Opinion issued 10/22/15. Appellants' brief filed 9/7/16. Appellees' brief filed 10/17/16. Appellants' Reply filed 11/16/16. Supreme Court opinion issued 3/1/17. Motion for Attorney Fees filed 7/10/18. Because the Supreme Court has shown an interest in clarifying the test and because this Court’s determinations cut against the Supreme Court’s concern that an analysis be “holistic,” id. at 799, there is a likelihood that Intervenors’ appeal will be heard on the merits and will succeed; Motion to Stay filed 7/25/18. Order and Proceed with Remedial Phases Granted filed 9/14/18. Redistricting plans put forward filed 11/2/18. Report of Special Master filed 12/7/18. Supreme Court appendix filed 12/28/18. Addendum to Special Report filed 12/28/18 and 1/8/19. Motion to Amend Report is denied filed 1/8/19. The special master and the plaintiffs have advised the Court that the Second Report of the Special Master contains errors regarding the compactness scores of certain districts in Peninsula Module 2. Accordingly, the special master is hereby ORDERED to submit a corrected final report filed 2/4/19. The plaintiffs' motion for attorneys' fees and expenses is premature given the case in appeal to the Supreme Court and thus the motion is denied 3/26/19. ORDER. Pursuant to the Court's order entered on October 18, 2018], the Commonwealth of Virginia is directed to render payment in the amount of $126,363.71. Filed 4/5/19. SCOTUS opinion dismissing appeal filed 6/17/19. District Court Plaintiffs' Second Motion For Attorneys' Fees 8/2/19. Opposition To Plaintiffs' Second Motion For Attorneys' Fees 8/30/19. Reply in Support of Second Motion For Attorneys' Fees 9/6/19. Defendant-Intervenor Motion to Strike or for Leave to File Responsive Brief 9/6/19. Plaintiffs' Response to Defendant Intervenors' Motion to Strike or Leave 9/9/19. Order Dismissing Plaintiff's Second Motion For Attorney's Fees and Litigation Expenses 9/25/20. Order Granting Plaintiff's Motion For Clarification 4/20/20. Supplemental Motion For Attorney Fees 5/8/20. Response to Supplemental Motion For Attorney Fees 5/22/20.
District Court Documents
- Opinion
(filed 10/22/15) - Order Denying Plaintiff's Motion For Briefing and Ordering Parties to File Statements of Position on Remand
(4/6/17) - Defendant-Intervenor's Motion To Amend The Scheduling Order
(7/5/17) - Defendant-Intervenor's Memo In Support Of Motion To Amend The Scheduling Order
(7/5/17) - Plaintiff's Memo In Opposition Of Motion To Amend The Scheduling Order
(7/6/17) - Plaintiff's Motion To Amend/Correct Complaint
(8/8/17) - Plaintiff's Trial Brief
(9/26/17) - Defendant's Trial Pre-Trial Submission
(9/26/17) - Plaintiff's Post-Trial Reply Brief
(10/30/17) - Defendant's Post-Trial Submission
(11/13/17) - Defendant-Intervenor's Post-Trial Brief
(11/13/17) - Plaintiff's Post-Trial Reply Brief
(11/22/17) - Memorandum Opinion
(6/26/18) - Order That The Matter Of Providing A Redistricting Plan To Remedy The Constitutional Violations
(7/06/18) - Notice Of Appeal To The Supreme Court
(7/6/18) - Defendant-Intervenors' Motion To Stay
(7/6/18) - Bill Of Cost
(7/9/18) - Motion For Attorney's Fees
(7/10/18) - Plaintiff's Memorandum In Support Of Motion For Attorney's Fees
(7/10/18) - Opposition To Intervenor-Defendants' Motion To Stay
(7/19/18) - Opposition To Defendant's Intervenor-Defendants' Motion To Stay
(7/20/18) - Reply Brief In Support Of Motion For Stay
(7/25/18) - Order Of Defendant-Intervenors Advisory Of Appropriate Steps
(8/7/18) - Order That A Notice Of Appeal To The Supreme Court Of The United States Has Been Filed
(8/8/18) - Opposition To Plaintiffs’ Motion For Attorneys’ Fees And Litigation Expenses
(8/9/18) - Plaintiffs’ Reply In Support Of Motion For Attorneys’ Fees And Litigation Expenses
(8/15/18) - Defendant-Intervenors’ Statement Of Position In Response To Court Order ECF No. 252
(8/24/18) - Memorandum Of Law In Support Of Defendants’ Motion To Modify This Court’S June 26, 2018 Order And Proceed Immediately With Remedial Phase
(9/10/18) - Order Regarding Motion To Modify June 26 Order
(9/11/18) - Plaintiffs’ Response To Motion To Modify This Court’s June 26, 2018 Order
(9/12/18) - Reply In Support Of Defendants’ Motion To Modify This Court’s June 26, 2018 Order
(9/13/18) - Order Regarding Motion To Modify June 26, 2018 Order
(9/14/18) - Notice Of Proposed Names Of Candidates To Server As Special Master
(9/20/18) - Order Appointing Bernard Grofman As Special Master
(10/18/18) - Letter To The Honorable Robert Payne
(10/29/18) - Brief In Support Of The Proposed Legislative Redistricting Plan Submitted By The Virginia State Conference Of NAACP Branches
(11/2/18) - Defendant-Intervenors’ Proposed Remedial Plans
(11/2/18) - Brief Of New Virginia Majority In Response To Defendant-intervenors’ Proposed Remedial Plan
(11/16/18) - Notice Of Correction To Proposed Remedial Plan Of Interested Party Virginia State Conference Of NAACP Branches
(11/16/18) - Plaintiffs’ Objections And Responses To Proposed Remedial Plans
(11/16/18) - Interested Party Virginia State Conference Of NAACP Branches Response To Court’s November 15, 2018 ORD
(11/19/18) - Motion To Expedite Briefing And Memorandum In Support
(11/28/18) - [Proposed] Order
(11/28/18) - Plaintiffs’ Opposition To Motion To Expediate
(11/29/18) - Order Granting In Part Motion To Expediate
(11/29/18) - Report Of The Special Master
(12/10/18) - Addendum To The Report Of The Special Master
(12/10/18) - Defendants’ Response To The Special Master’s Remedial Plan
(12/14/18) - Brief Of The Princeton Gerrymandering Project In Response To The Report Of The Special Master
(12/14/18) - Defendant-Intervenors’ Objections To Special Master’s Proposed Remedial Plans
(12/14/18) - Plaintiffs’ Statement Of Position Regarding Special Master Report
(12/14/18) - Brief Of The Virginia State Conference Of NAACP Branches In Response To The Special Master’s Proposed Legislative Redistricting Plan
(12/14/18) - Second Addendum To The Report Of The Special Master
(12/28/18) - Third Addendum To The Report Of The Special Master
(1/4/19) - Plaintiffs’ Response To Second Addendum To The Report Of The Special Master
(1/4/19) - Supplemental Brief Of The Virginia State Conference Of NAACP Branches In Response To The Special Master's Proposed Legislative Redistricting Plan And First And Second Addendums
(1/4/19) - Defendant-Intervenors’ Supplemental Objections To Special Master’s Proposed Remedial Plans
(1/4/19) - Fourth Addendum To The Report Of The Special Master
(1/8/19) - Order That Special Master Submit Final Report Including All Addendums
(1/11/19) - Defendant-Intervenors’ Supplemental Memorandum Regarding Special Master’s Modules
(1/17/19) - Second Report Of The Special Master
(1/17/19) - Order That Special Master Include Modules Presented To The Court In Final Report
(1/22/19) - Transmital Of The Final Remedial Plan
(1/29/19) - Objection Of Interested Party Van Williams To Proposed Redistricting Plan
(2/1/19) - Defendant-Intervenors’ Objections To Special Master’s Final Remedial Plan
(2/1/19) - Plaintiffs’ Response To Special Masters’s Final Report
(2/1/19) - Notice Of Errors In Special Master's Second Report
(2/4/19) - Second Report Of The Special Master -with typos corrected
(2/5/19) - Memorandum Opinion
(2/14/19) - Order Adopting Special Master's Final Remedial Plan
(2/14/19) - Notice Of Appeal
(2/25/19) - SCOTUS Dismissal Of Appeal
(7/19/19) - Plaintiffs’ Second Motion For Attorneys’ Fees And Litigation Expenses
(8/2/19) - Plaintiffs’ Memorandum In Support Of Second Motion For Attorneys’ Fees And Litigation Expenses
(8/2/19) - Declaration Of Kevin J. Hamilton
(8/2/19) - Opposition To Plaintiffs’ Second Motion For Attorneys’ Fees And Litigation Expenses, And Bill Of Costs
(8/30/19) - Plaintiffs’ Reply In Support Of Second Motion For Attorneys’ Fees And Litigation Expenses
(9/5/19) - Order Dismissing Plaintiff's Second Motion For Attorneys' Fees And Litigation Expenses
(9/25/19) - Plaintiffs’ Memorandum In Support Of Revised Second Motion For Attorneys’ Fees And Litigation Expenses
(10/28/19) - Defendats’ Response To Plaintiffs’ Revised Second Motion For Attorneys’ Fees And Litigation Expenses
(11/25/19) - Scheduling Order
(1/22/20) - Intervenor-Defendants’ Opposition To Plaintiffs’ Fee Petition
(2/11/20) - Plaintiffs’ Reply In Support Of Revised Second Motion For Attorneys’ Fees And Litigation Expenses
(3/12/20) - Plaintiffs’ Supplemental Reply In Support Of Revised Second Motion For Attorneys’ Fees And Litigation Expenses
(3/27/20) - Plaintiffs’ Motion For Clarification
(4/14/20) - Order Granting Plaintiffs' Motion For Clarification
(4/20/20) - Supplemental Motion For Attorney Fees By Golden Bethune-Hill
(5/8/20) - Exhibit 1 Declaration Of Dion Hays
(5/8/20) - Exhibit 2 Declaration Of Eugenia Frenzel
(5/8/20) - Exhibit 3 Declaration Of Robert Angle
(5/8/20) - Response To 426 Supplemental Motion For Attorney Fees
(5/22/20) - Intervenor-Defendants' Response To Plaintiffs Supplemental Submission re: 426 Supplemental Motion For Attorney Fees
(5/22/20) - Response In Support re 426 Supplemental Motion For Attorney Fees Filed By Golden Bethune-Hill
(5/29/20)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
more commentary...