Last Updated: November 13, 2012 at 12:58 PM
LaRoque v. Holder/Nix v. Holder
Case Information
Date Filed: April 7, 2010
State: National
Issue: Voting Rights Act
Courts that Heard this Case: U.S. District Court for the District of Columbia (Case 1:10-cv-00561); U.S. Court of Appeals for the D.C. Circuit (Case 11-5349); U.S. Supreme Court (Case 12-81)
Issue:
Whether Section 5 of the Voting Rights Act of 1964 exceeds Congress' authority under the Fifth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution.
Status:
District Court opinion issued 12/22/11. Court of Appeals vacates opinion of District Court 5/18/12. Petition for certiorari filed 7/23/12. Brief for Respondents opposing certiorari filed 9/24/12.
Supreme Court Documents (Now known as Nix v. Holder)
- Petition for Certiorari
(filed 7/20/12) - Cato Institute Amicus Brief
(filed 8/20/12) - Brief of Intervenor-Respondents'
(filed 9/19/12) - Brief for the Respondents in Opposition
(filed 9/24/12) - Reply Brief for Petitioners
(filed 10/9/12) - Certiorari Denied
(filed 11/13/12)
Appellate Court Documents
- Order Setting Submission Schedule
(entered 12/28/10) - Statement of Issues
(filed 1/6/11) - Appellants' Motion to Expedite the Appeal
(filed 1/6/11) - Appellees' Response in Opposition to Motion to Expedite
(filed 1/12/11) - Appellees'/ Intervenors' Response in Opposition to Motion to Expedite
(filed 1/12/11) - Reply in Support of Motion to Expedite
(filed 1/13/11) - Order Setting Briefing Schedule
(entered 1/14/11) - Appellant Brief
(filed 2/4/11)
- Clerk's Order Setting Oral Argument
(entered 2/7/11) - Appellee/ Intervenor's Brief
(filed 3/7/11) - Attorney General/ Appellee's Brief
(filed 3/7/11) - Letter from Eric Holder of Additional Authorities
(filed 3/9/11) - Appellant's Reply Brief
(filed 3/17/11) - Amended Certificate as to Parties, Rulings, and Related Cases
(filed 4/6/11) - Per Curiam Order Allocating Oral Argument Time
(entered 4/20/11) - Oral Argument Held
(entered 5/6/11) - Letters Relating to the Prudent-Standing Issue Raised at Oral Argument (filed 6/17/11)
- Judgment
(filed 7/08/11) - Opinion
(filed 7/08/11) - Statement of Issues for Second Appeal
(filed 12/28/11) - Appellants' Unopposed Emergency Motion to Assign Appeal to Merits Panel Hearing Shelby County v. Holder
(filed 12/28/11) - Appellants' Unopposed Emergency Motion to Expedite Appeal and Expand Word Limits for Briefing
(filed 12/28/11) - Order Granting Appellants' Motion to Assign Appeal to Merits Panel Hearing Shelby County v. Holder
(filed 1/4/12) - Brief for Appellants
(filed 1/6/12) - Joint Appendix
(filed 1/6/12) - Attorney General's Section 5 Objections
(filed 1/30/12) - Brief for Intervenors-Appellees
(filed 2/13/12) - Brief for Attorney General as Appellee
(filed 2/13/12) - Attorney General's Motion to Dismiss
(filed 2/14/12) - Appellants' Motion to Govern Future Proceedings
(filed 2/14/12) - Response to Attorney General's Motion to Dismiss as Moot
(filed 2/21/12) - Reply in Support ofMotion to Dismiss
(filed 2/22/12) - Reply Brief for Appellants
(filed 2/23/12) - Letter Regarding Voting Procedures
(filed 2/27/12) - Letter Attaching Copy of Relevant Case
(filed 3/20/12) - Opinion Vacating Judgment of District Court and Dismissing for Lack of Jurisdiction
(filed 5/18/12) - Notice of Petition for Certiorari Filing
(filed 7/23/12)
District Court Documents
- Complaint
(filed 4/7/10) - Application for Three-Judge Court
(filed 4/7/10) - Memorandum in opposition to re MOTION for Three-Judge Court filed by ERIC H. HOLDER, JR
(filed 4/21/10) - Reply in Support of Application for Three-Judge Court
(filed 4/29/10) - Memorandum Opinion and Order denying Plaintiff's application for a three-judge court
(entered 5/12/10) - Motion to Dismiss
(filed 6/14/10)
- Memorandum in Opposition to Motion to Dismiss
(filed 7/1/10) - Reply to Plaintiff's Opposition to Motion to Dismiss
(filed 7/12/10) - Plaintiff's Motion for Summary Judgment and Request for Oral Argument
(filed 8/18/10)
- Motion to Dismiss
(filed 8/25/10) - Memorandum in Opposition to Motion to Dismiss
(filed 9/2/10) - Motion to Stay Proceedings
(filed 9/3/10)
- Memorandum in Opposition to Motion to Stay Proceedings
(filed 9/8/10) - Reply in Opposition to Motion to Dismiss
(filed 9/13/10) - Order granting Motion to Stay Proceedings. Plaintiffs' motion for summary judgment is stayed pending resolution of the motions to dismiss [Text Only] (entered 9/16/10)
- Letter Requesting Decision on Motions to Dismiss and Offering to Forego Oral Argument
(filed 11/9/10) - Scheduling Order
(entered 11/12/10) - Proceedings before Judge John D. Bates (held on 12/3/10)
- Order Granting Motions to Dismiss
(entered 12/16/10) - Memorandum Opinion/ Order
(entered 12/20/10) - Notice of Appeal
(filed 12/21/10) - Scheduling Order on Remand
(filed 7/15/11) - Answer of United States
(filed 7/22/11) - Defendants-Intervenors' Renewed Motion to Dismiss
(filed 8/1/11) - Defendants-Intervenors' Response to Plaintiffs' Statement of Material Facts
(filed 8/1/11) - Defendants-Intervenors' Motion for Summary Judgment
(filed 8/1/11) - Summary Judgment Motion of U.S.
(filed 8/1/11) - Plaintiffs' Reply and Memorandum in Support of Plaintiffs' Motion for Summary Judgment
(filed 8/15/11) - Defendants-Intervenors' Reply in Opposition to Plaintiffs' Motion for Summary Judgment
(filed 8/25/11) - Reply of U.S. in Opposition to Plaintiffs' Summary Judgment Motion
(filed 8/25/11) - Notice of U.S. Regarding Consent Decrees
(filed 9/9/11) - Notice of U.S. Regarding Arizona v. Holder
(filed 9/14/11) - Plaintiff's Notice Regarding Shelby County v. Holder
(filed 10/7/11) - Brief of Defendants-Intervenors on Mootness
(filed 12/9/11) - Brief of U.S. Regarding Mootness
(filed 12/13/11) - Plaintiffs' Brief Regarding Mootness
(filed 12/13/11) - Opinion Granting Summary Judgment in Favor of U.S. and Defendants-Intervenors
(filed 12/22/11) - Order Granting Summary Judgment
(filed 12/22/11) - Notice of Appeal
(filed 12/22/11) - Transmission of Notice of Appeal
(filed 12/23/11)


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...