Partisan gerrymandering returns to SCOTUS today as the North Carolina legislative defendants are due to file their jurisdiction statement asking the Justices to hear the case. We’ll post it here 👇when it is available: brennancenter.org/legal-work/com… #fairmaps #ncpol 1/
The NC legislative defendants are asking SCOTUS to overturn the ruling of a three-judge panel striking down North Carolina’s congressional map as a partisan gerrymander. That ruling here: brennancenter.org/sites/default/… #fairmaps #ncpol 2/
What ordinarily happens next under the Supreme Court rules is that the plaintiffs have 30 days (until Nov 1) file a motion asking SCOTUS to decide the case without oral argument. The plaintiffs could waive the right to file such a motion, but that’s rare. #fairmaps #ncpol 3/
Assuming that they do file the motion described in the last tweet, the legislative defendants would have 14 days (Nov 15) to respond. After that the papers would be submitted to the Justices for consideration re whether to hear the case. #fairmaps #ncpol 4/
The Justices will then consider the case at one of their weekly conferences, shown in green below.
They often consider cases over multiple conferences before announcing that they will take it. That’s where things could get interesting. #fairmaps #ncpol 6/
They often consider cases over multiple conferences before announcing that they will take it. That’s where things could get interesting. #fairmaps #ncpol 6/
Once the justices announce that they will hear argument in a case that sets off a second round of briefing, which takes around 105 days, assuming no extensions. #fairmaps #ncpol 7/
If the Justices agree in Nov or Dec to hear the case, the second round of briefing would be done in time for the high court to hear the case in March or April. But if they wait until January, the case likely gets argued next term and not this one. #fairmaps #ncpol 8/
A lot could depend on whether there is a 9th Justice any time in the near future or, if the Kennedy seat remains vacant, whether 4 justices are willing to set the case for argument without a full court. #fairmaps #ncpol 9/
Likewise, it is possible that the Justices might decide to carry the NC case on their docket (i.e., not decide on hearing it) in order to give other partisan gerrymandering cases in WI, MD, OH & MI a chance to catch up. #fairmaps #ncpol 10/
At the end of the day, they have the word ‘Supreme’ in their job title, so 🤷🏻♂️#fairmaps #ncpol 11/
JUST IN: Here’s 👇the North Carolina legislative defendants’ jurisdiction statement asking SCOTUS to hear their partisan gerrymandering appeal: brennancenter.org/sites/default/… #fairmaps #ncpol 12/
More on what happens next in the NC partisan gerrymandering appeal in the preceding ☝️thread. #fairmaps #ncpol 13/
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