| No. 21-1086 Vide 21-1087 | |
| Title: | John H. Merrill, Alabama Secretary of State, et al., Appellants v. Evan Milligan, et al. |
| Docketed: | February 7, 2022 |
| Linked with 21A375, 21A493 | |
| Lower Ct: | United States District Court for the Northern District of Alabama |
| Case Numbers: | (2:21-cv-1530) |
| Decision Date: | January 24, 2022 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Jan 28 2022 | Application (21A375) for a stay or injunctive relief pending appeal, submitted to Justice Thomas. |
| Main DocumentLower Court Orders/OpinionsLower Court Orders/OpinionsProof of Service | |
| Jan 28 2022 | Statement as to jurisdiction filed. (Response due March 9, 2022) |
| Jurisdictional StatementAppendixAppendix | |
| Jan 28 2022 | Response to application (21A375) requested by Justice Thomas, due by noon on Wednesday, February 2, 2022. |
| Jan 31 2022 | Motion for leave to file amici curiae brief filed by Louisiana, et al. VIDED. |
| Main DocumentOtherProof of Service | |
| Jan 31 2022 | Motion for leave to file amicus curiae brief filed by John Wahl, Chairman, Alabama State Republican Executive Committee. |
| Main DocumentProof of Service | |
| Feb 01 2022 | Motion for leave to file amicus curiae brief filed by The National Republican Redistricting Trust. |
| Main DocumentProof of Service | |
| Feb 01 2022 | Motion for leave to file amici curiae brief filed by United States Representatives from Alabama. VIDED. |
| Main DocumentProof of Service | |
| Feb 01 2022 | Motion for leave to file amicus curiae brief filed by Alabama Center for Law and Liberty. VIDED. |
| Main DocumentProof of ServiceOther | |
| Feb 02 2022 | Response to application from respondents Evan Milligan, et al. filed. |
| Main DocumentProof of ServiceMain Document | |
| Feb 02 2022 | Reply of applicants John Merrill, et al. filed. |
| ReplyReplyProof of Service | |
| Feb 07 2022 | Application (21A375) referred to the Court. |
| Feb 07 2022 | Application (21A375) granted by the Court. The application is treated as a jurisdictional statement (No. 21-1086), and probable jurisdiction is noted. The district court's January 24, 2022 preliminary injunction in No. 2:21-cv-1530 is stayed pending further order of the Court. Justice Kavanaugh, with whom Justice Alito joins, concurring in grant of applications for stay. (Detached opinion). The Chief Justice dissenting from grant of applications for stay. (Detached opinion). Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting from grant of applications for stays. (Detached opinion). |
| Feb 22 2022 | This case is consolidated with No. 21-1087, and a total of one hour is allotted for oral argument. The question presented in these cases is: Whether the District Courts in these cases correctly found a violation of section 2 of the Voting Rights Act, 52 U. S. C. §10301. |
| Feb 22 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1086. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1086. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Mar 01 2022 | Joint motion of the parties for an extension of time file the briefs on the merits. VIDED. |
| Main Document | |
| Mar 04 2022 | Motion to modify or amend the question presented filed by appellees and respondents. VIDED. |
| Main DocumentProof of Service | |
| Mar 08 2022 | Joint motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix, appellants', and petitioners' briefs on the merits is extended to and including April 25, 2022. The time to file appellees' and respondents' briefs on the merits is extended to and including July 11, 2022. VIDED. |
| Mar 08 2022 | Application (21A493) of appellants/petitioners for leave to file consolidated opening and reply briefs on the merits, submitted to Justice Thomas. VIDED. |
| Main DocumentProof of Service | |
| Mar 08 2022 | Response of appellants and petitioners to the motion to modify or amend the question presented filed. VIDED. |
| Main DocumentProof of Service | |
| Mar 14 2022 | Application (21A493) granted by Justice Thomas for leave to file consolidated opening and reply briefs on the merits provided that the opening brief does not exceed 18,000 words and the reply brief does not exceed 10,000 words. VIDED. |
| Mar 21 2022 | Upon consideration of the motion to modify or amend the question presented, the question presented in these cases is amended as follows: Whether the State of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated section 2 of the Voting Rights Act, 52 U. S. C. §10301. VIDED. |
| Mar 30 2022 | Blanket Consent filed by Respondent, Marcus Caster, et al. |
| Blanket Consent | |
| Mar 30 2022 | Blanket Consent filed by Respondent, Evan Milligan, et al. |
| Blanket Consent | |
| Mar 31 2022 | Blanket Consent filed by Petitioner, John H. Merrill, Alabama Secretary of State, et al. |
| Blanket Consent | |
| Apr 25 2022 | Joint appendix filed (three volumes). VIDED. (Statement of costs filed) |
| Main DocumentMain DocumentMain DocumentProof of Service | |
| Apr 25 2022 | Brief of appellants John H. Merrill, Alabama Secretary of State, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 29 2022 | Brief amicus curiae of Public Interest Legal Foundation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 29 2022 | Brief amici curiae of Senator John Braun, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 29 2022 | Brief amicus curiae of Alabama Center for Law and Liberty filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of American Legislative Exchange Council filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of Project on Fair Representation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of The National Republican Redistricting Trust filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amici curiae of Citizens United, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of John Wahl, Chairman, Alabama State Republican Executive Committee filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of Singleton Plaintiffs in support of neither party filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of Lawyers Democracy Fund filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of Republican National Committee filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amici curiae of The State of Louisiana, et al filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amici curiae of United States Representatives from Alabama filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of America First Legal filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 02 2022 | Brief amicus curiae of Coastal Alabama Partnership filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 14 2022 | ARGUMENT SET FOR Tuesday, October, 4, 2022. VIDED. |
| Jun 22 2022 | Record requested from the U.S.D.C. Northern District of Birmingham, Alabama. |
| NAME | ADDRESS | PHONE |
| Attorneys for Appellants | ||
| Edmund Gerard LaCour Jr. Counsel of Record | Office of the Attorney General 501 Washington Ave Montgomery, AL 36130 edmund.lacour@alabamaag.gov | 334-242-7300 |
| Party name: John H. Merrill, Alabama Secretary of State, et al. | ||
| Attorneys for Appellees | ||
| Abha Khanna | Elias Law Group LLP 1700 Seventh Ave Suite 2100 Seattle, WA 98101 akhanna@elias.law | 206-656-0177 |
| Party name: Marcus Caster, et al. | ||
| Deuel Ross | NAACP Legal Defense & Educational Fund, Inc. 700 14th Street NW, Suite 600 Washington, DC 20005 dross@naacpldf.org | 212-965-7712 |
| Party name: Evan Milligan, et al. | ||
| Other | ||
| Bradley Alan Benbrook Counsel of Record | Benbrook Law Group 701 University Avenue, Suite 106 Sacramento, CA 95825 brad@benbrooklawgroup.com | 9164474900 |
| Party name: Citizens United, et al. | ||
| Jonathan Andrew Berry Counsel of Record | Boyden Gray & Associates 801 17th St. NW Suite 350 Washington, DC 20006 berry@boydengrayassociates.com | 2029550620 |
| Party name: Project on Fair Representation | ||
| James Uriah Blacksher Counsel of Record | 825 Linwood Road Birmingham, AL 35222 jublacksher@gmail.com | 2056123752 |
| Party name: Singleton Plaintiffs | ||
| Efrem M. Braden Counsel of Record | Baker & Hostetler LLP 1050 Connecticut Ave. N.W. Suite 1100 Washington, DC 20036 mbraden@bakerlaw.com | (202) 861-1711 |
| Party name: Lawyers Democracy Fund | ||
| Matthew James Clark Counsel of Record | Alabama Center for Law and Liberty 2213 Morris Ave. Floor 1 Birmingham, AL 35203 matt@alabamalawandliberty.org | 256-510-1828 |
| Party name: Alabama Center for Law and Liberty | ||
| Jonathon Paul Hauenschild Counsel of Record | American Legislative Exchange Council 2900 Crystal Dr., Ste. 600 Arlington, VA 22202 jhauenschild@alec.org | 7033730933 |
| Party name: American Legislative Exchange Council | ||
| Albert Linch Jordan Counsel of Record | Wallace, Jordan, Ratliff & Brandt, LLC 800 Shades Creek Parkway Suite 400 Birmingham, AL 35209 bjordan@wallacejordan.com | 205-874-0305 |
| Party name: John Wahl, Chairman, Alabama State Republican Executive Committee | ||
| Christopher Ernest Mills Counsel of Record | Spero Law LLC 557 East Bay Street #22251 Charleston, SC 29413 cmills@spero.law | 8436060640 |
| Party name: United States Representatives from Alabama | ||
| Christopher Ernest Mills Counsel of Record | Spero Law LLC 557 East Bay Street #22251 Charleston, SC 29413 cmills@spero.law | 8436060640 |
| Party name: America First Legal | ||
| Elizabeth Baker Murrill Counsel of Record | Office of the Attorney General 1885 N. Third Street Baton Rouge, LA 70802 murrille@ag.louisiana.gov | 225-326-6766 |
| Party name: The State of Louisiana, et al | ||
| John Cowles Neiman Jr. Counsel of Record | Maynard, Cooper & Gale, P.C. 1901 Sixth Avenue North Suite 1700 Birmingham, AL 35203 jneiman@maynardcooper.com | 2052541228 |
| Party name: Coastal Alabama Partnership | ||
| Kaylan Lytle Phillips Counsel of Record | Public Interest Legal Foundation 32 E. Washington, Suite 1675 Indianapolis,, IN 46204 kphillips@publicinterestlegal.org | 3172035599 |
| Party name: Public Interest Legal Foundation | ||
| Charles Robert Spies Counsel of Record | Dickinson Wright PLLC 1825 Eye Street NW STE 900 Washington, DC 20006 cspies@dickinsonwright.com | 202-466-5964 |
| Party name: Senator John Braun, Leader of the Washington Senate Republican Caucus, et al. | ||
| Jason Brett Torchinsky Counsel of Record | Holtzman Vogel Baran Torchinsky Josefiak PLLC 15405 John Marshall Hwy Haymarket, VA 20169 jtorchinsky@holtzmanvogel.com | 540 341 8808 |
| Party name: The National Republican Redistricting Trust | ||
| David Alan Warrington Counsel of Record | Dhillon Law Group, Inc. 2121 Eisenhower Avenue Suite 402 Alexandria, VA 22314 dwarrington@dhillonlaw.com | 7035741206 |
| Party name: Republican National Committee | ||