Last Updated: January 30, 2018 at 2:17 PM
Alabama Democratic Conference v. Alabama
Case Information
Date Filed: August 10, 2012
State: Alabama
Issue: Redistricting
Courts that Heard this Case: United States Supreme Court (Case 13-1138 ); United States District Court Middle District of Alabama (Case 12-CV-691)
Issue:
Whether Alabama’s effort to redraw the lines of each majority-black district to have the same black population as it would have using 2010 census data as applied to the former district lines, when combined with the state's new goal of significantly reducing population deviation among districts, amounted to an unconstitutional racial quota and racial gerrymandering that is subject to strict scrutiny and that was not justified by the putative interest of complying with the non-retrogression aspect of Section 5 of the Voting Rights Act; and whether these plaintiffs have standing to bring such a constitutional claim.
Status:
Appellees' Motion to Dismiss or Affirm filed in U.S. Supreme Court 4/21/14. Appellants' Reply filed 5/5/14. Appellees' Brief filed 10/9/14. Appellants' Reply Brief filed 10/28/14. U.S. Supreme Court Opinion filed 3/25/15. Judgment filed 4/27/15. District Court order denying summary judgment filed 4/28/15. Plaintiffs' post-remand brief filed 6/12/15. Defendants' post-remand brief filed 7/24/15. Order for plaintiffs to file new statewide redistricting plan 8/28/15. Defendants' Notice of Supplemental Authority (U.S. Supreme Court case of Harris v. Arizona Independent Redistricting Commission) filed 4/22/16. District Court opinion on remand striking down 12 Alabama districts as unconstitutional gerrymanders filed 1/20/17. Opinion and Order on objections to remedial redistricting plan filed 10/12/17. Final Judgment filed 10/23/17. Order on Costs and Attorney Fees filed 11/8/17.
Supreme Court Documents
- Jurisdictional Statement
(filed 3/14/14) - Appellees' Motion to Dismiss or Affirm
(filed 4/21/14) - Appellants' Reply
(filed 5/05/14) - Appellees' Consent to filing of amicus curiae briefs (filed 7/10/14)
- Joint appendix filed (8/13/14)
- Brief of Appellants
(filed 8/13/14) - United States Amicus Curiae
(filed 8/20/14) - Lawyers' Committee for Civil Rights Under Law Amicus curiae
(filed 8/20/14) - Professors Ronald Keith Gaddie amici curiae
(filed 8/20/14) - NAACP Legal Defense & Educational Fund amicus curiae
(filed 8/20/14) - North Carolina Litigants Amici Curiae
(filed 8/20/14) - Brennan Center for Justice Amicus Curiae
(filed 8/20/14) - Anti-Defamation League Amicus Curiae
(filed 8/20/14) - Appellants' reply to appellees's opposition to appellants' lodging proposal (filed 9/4/14)
- Appellees' Brief
(filed 10/09/14) - Appellants' Motion for divided argument (filed 10/15/14)
- Amicus Brief of Alabama Speaker of House and President Pro Tempore of the Senate
(filed 10/16/14) - Amicus Brief of Pacific Legal Foundation
(filed 10/16/14) - Amicus Brief of Darren J. Oldham
(filed 10/16/14) - Reply Brief of Appellants
(filed 10/28/14) - Order granting Petitioners' Motion for divided argument (filed 10/31/14)
- Solicitor General's Motion for Enlargement of time for oral argument (filed 10/31/14)
- Oral Argument Transcript (filed 11/12/14)
- Letter from Appellants (filed 11/13/14)
- Opinion
(filed 3/25/15) - Judgment (filed 4/27/15)
- NOTICE of U.S. Supreme Court Denying Stay in Related Case
(filed 02/23/16)
District Court Documents
- District Court Opinion
(filed 12/20/13) - Order denying Plaintiffs' Motion for Summary Judgment
(filed 4/28/15) - Order setting Status Conference
(filed 4/28/15) - Order regarding Rule 25(d)
(filed 5/04/15) - Joint Report to Court
(filed 5/04/15) - Defendants' Notice of Filing Exhibits
(filed 6/05/15) - Plaintiffs' Notice of Filing Exhibits
(filed 6/05/15) - ALBC Plaintiffs' Motion for Reconsideration of Order Readopting Rulings Not Addressed By the Supreme Court
(filed 6/12/15) - ALBC Plaintiffs' Refiled Motion for Summary Judgment in Compliance With Supreme Court Mandate
(filed 6/12/15) - ALBC Plaintiffs' Remand Brief in Support of Refiled Motion for Summary Judgment in Compliance With Supreme Court Mandate
(filed 6/12/15) - Defendants' Unopposed Motion to Substitute Exhibit 475 and Notice of Filing Corrected Exhibit Disk
(filed 6/12/15) - Plaintiffs' Post-Remand Brief
(filed 6/12/15) - Order Granting Defendants' Unopposed Motion to Substitute Exhibit 475
(filed 6/17/15) - Order Scheduling Oral Argument on the Post-Remand Briefing
(filed 6/23/15) - ALBC Plaintiffs' Amended Motion for Reconsideration of Order Readopting Rulings Not Addressed by the Supreme Court
(filed 7/02/15) - ADC Plaintiffs' Notice of Corrected Filing
(filed 7/23/15) - Defendants' Brief on Remand
(filed 7/24/15) - Conditional Motion to Certify Questions to the Supreme Court of Alabama
(filed 7/24/15) - Order Denying the Caucus's Amended Motion for Reconsideration of Order Readopting Rulings Not Addressed by the Supreme Court
(filed 7/27/15) - Corrected Post-Remand Brief
(filed 7/31/15) - Order Granting Motion to Substitute Document
(filed 8/05/15) - ALBC Plaintiffs' Remand Reply Brief
(filed 8/07/15) - ADC Plaintiffs' Reply Brief
(filed 8/07/15) - Order Directing Parties to File Responses to the Requests for Information, Documents, or Evidence
(filed 8/13/15) - Plaintiffs' Notice of Filing of Additional Supplemental Exhibits
(filed 8/19/15) - Defendants' Notice of Filing of Additional Supplemental Exhibits
(filed 8/19/15) - Defendants' Response to the Court's Request for Information
(filed 8/19/15) - ADC Plaintiffs' Notice of Filing Additional Supplemental Exhibits
(filed 8/19/15) - ADC Plaintiffs' Revised Notice of Filing Additional Supplemental Exhibits
(filed 8/21/15) - Defendants' Notice of Filing of Filing Corrected Supplemental Exhibit
(filed 8/21/15) - Minute Entry for Proceedings (filed 8/25/15) (No Document Available)
- Order for Plaintiffs to File New Statewide Redistricting Plan
(filed 8/28/15) - Plaintiff's Explanatory Brief in Response to August 28, 2015 Order
(filed 9/25/15) - Notice of Supplemental Filing by Alabama Democratic Conference et al
(filed 10/15/15) - BRIEF/MEMORANDUM in Opposition Re: Response to Order
(filed 11/13/15) - Defendants' Notice of Filing of Additional Supplemental Exhibits 64-70: Evidentiary Submission Re: BRIEF/MEMORANDUM in Opposition
(filed 11/13/15) - Defendants' Notice of Filing of Additional Supplemental Exhibits 71-82: Evidentiary Submission Re: BRIEF/MEMORANDUM in Opposition
(filed 11/13/15) - (Corrected*) ALBC Plaintiffs' Notice of Intervening Case Law and Reply to Defendants' Brief in Response to 8/28/2015 Order
(filed 11/23/15) - Plaintiffs' NOTICE of filing ALBC additional supplemental exhibits
(filed 11/23/15) - REPLY BRIEF: ADC Reply to Defendants' Brief in Response
(filed 11/24/15) - ALBC Plaintiffs' Second Notice of Intervening Case Law
(filed 12/21/15)
- NOTICE by Alabama Democratic Conference of Intervening Court Decision in Related Case
(filed 02/08/16)
- Notice of Supplemental Authority
(filed 04/22/16)
- Plaintiffs' Fourth Notice of Intervening Case Law
(filed 04/27/16) - Response to Defendant's Notice of Supplemental Authority
(filed 05/05/16) - Notice of Supplemental Authority
(filed 8/12/16) - Notice of Intervening Case Law
(filed 8/15/16) - Notice of Supplemental Authority
(filed 9/26/16) - Memorandum Opinion and Order Granting Judgment to Plaintiffs
(filed 1/20/17) - Opinion Dissenting in Part and Concurring in Part
(filed 1/20/17) - Order Denying Motions for Reconsideration, Summary Judgment, and to Certify Questions
(filed 1/20/17) - Memorandum Opinion and Order on Objections to Remedial Redistricting Plans
(filed 10/12/17) - Final Judgment
(filed 10/23/17) - Order on Costs and Attorney Fees
(filed 11/8/17)


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...