| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1184 | S.D. W. Va. | Not Argued | Sep 25, 2012 | N/A | Per Curiam | OT 2011 |
Holding: In holding that West Virginia’s 2011 congressional redistricting plan violates the principle of “one person, one vote,” the district court misapplied the standard, set out in Karcher v. Daggett (1983), for evaluating challenges to redistricting plans and failed to afford appropriate deference to West Virginia’s reasonable exercise of its political judgment. Although West Virginia could have adopted a plan with lower variations in population among the districts, the state carried its burden to show that population deviations were necessary to achieve legitimate state objectives, such as avoiding contests between incumbents and not splitting political subdivisions.
Judgment: Reversed and remanded in a per curiam opinion on September 25, 2012.
| Date | Proceedings and Orders |
|---|---|
| Jan 13 2012 | Application (11A674) for a stay pending appeal, submitted to The Chief Justice. |
| Jan 13 2012 | Response to application (11A674) requested by The Chief Justice, due Tuesday, January 17, 2012, by 3:30 p.m. |
| Jan 17 2012 | Response to application from respondent Jefferson County Commission, et al. filed. |
| Jan 18 2012 | Reply of applicant Natalie E. Tennant, West Virginia Secretary of State, et al. filed. |
| Jan 20 2012 | Application (11A674) referred to the Court. |
| Jan 20 2012 | Application (11A674) granted by the Court. It is ordered that the judgment of the United States District Court for the Southern District of West Virginia, case No. 2:11-cv-0989, entered January 3, 2012, and amended January 4, 2012, is stayed pending the timely filing and disposition of an appeal to this Court. |
| Mar 27 2012 | Statement as to jurisdiction filed. (Response due April 30, 2012) |
| Apr 24 2012 | Order extending time to file response to jurisdictional statement to and including May 25, 2012. |
| May 23 2012 | Waiver of right of appellee Thornton Cooper to respond filed. |
| May 25 2012 | Motion to dismiss or affirm filed by appellees Jefferson County Commission, et al. |
| Jun 5 2012 | DISTRIBUTED for Conference of June 21, 2012. |
| Jun 5 2012 | Reply of appellant Natalie E. Tennant, West Virginia Secretary of State, et al., Appellants filed. (Distributed) |
| Sep 17 2012 | DISTRIBUTED for Conference of September 24, 2012. |
| Sep 25 2012 | Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion) |
| Oct 29 2012 | JUDGMENT ISSUED. |
