No. 21-1271
Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al. v. Rebecca Harper, et al.
Tags: constitutional-interpretation election-regulations elections-clause legislative-power redistricting separation-of-powers state-judiciary state-legislature voting-rights
Key Terms:
DueProcess JusticiabilityDoctri
DueProcess JusticiabilityDoctri
Latest Conference:
2022-06-29
(distributed 3 times)
Question Presented (AI Summary)
Whether a State's judicial branch may nullify the regulations governing the 'Manner of holding Elections for Senators and Representatives .. . prescribed . .. by the Legislature thereof,' U.S. CONST. art. I, § 4, cl. 1
Question Presented (OCR Extract)
QUESTION PRESENTED Whether a State’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives .. . prescribed . .. by the Legislature thereof,” U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.
Docket Entries
2023-07-31
Judgment and mandate issued.
2023-06-27
Adjudged to be AFFIRMED. Roberts, C. J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf'>opinion</a> of the Court, in which Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion in which Gorsuch, J., joined, and in which Alito, J., joined as to Part I.
2023-05-11
Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
2023-05-11
Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
2023-05-11
Supplemental letter brief of petitioners filed. (Distributed)
2023-05-11
Supplemental letter brief of respondent Common Cause filed. (Distributed)
2023-05-11
Supplemental letter brief of respondents State Respondents filed. (Distributed)
2023-05-11
Supplemental letter brief of North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
2023-05-04
The parties and the Solicitor General are invited to file supplemental letter briefs addressing the following question: What is the effect on this Court's jurisdiction of the April 28, 2023 order of the North Carolina Supreme Court? The briefs, not to exceed 10 pages, are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Thursday, May 11, 2023.
2023-05-03
Letter from the parties notifying the Court of the April 28, 2023 decision of the North Carolina Supreme Court in Harper v. Hall (attached). filed. (Distributed)
2023-03-20
Supplemental letter brief of petitioners filed. (Distributed)
2023-03-20
Supplemental letter brief of respondent Common Cause filed. (Distributed)
2023-03-20
Supplemental letter brief of state respondents filed. (Distributed)
2023-03-20
Supplemental letter brief of respondents Rebecca Harper, et al. filed. (Distributed)
2023-03-20
Supplemental letter brief of respondent North Carolina League of Conservation Voters, Inc., et al. filed. (Distributed)
2023-03-20
Supplemental letter brief of the United States as amicus curiae filed. (Distributed)
2023-03-02
The parties and the Solicitor General are directed to file supplemental letter briefs addressing the following question: What is the effect on this Court’s jurisdiction under 28 U. S. C. §1257(a) and Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975), of the North Carolina Supreme Court’s February 3, 2023 order granting
rehearing, and any subsequent state court proceedings? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, March 20, 2023.
2022-12-21
Letter from petitioners and respondents giving notice of the December 16, 2022 decision of the North Carolina Supreme Court in Harper v. Hall (No. 413PA21) filed. (Distributed)
2022-12-07
Argued. For petitioners: David H. Thompson, Washington, D. C. For private respondents: Neal K. Katyal, Washington, D. C. For state respondents: Donald B. Verrilli, Jr., Washington, D. C. For United States, as amicus curiae, supporting respondents: Elizabeth B. Prelogar, Solicitor General, Department
of Justice, Washington, D. C.
2022-11-18
Reply of petitioners Timothy Moore, et al. filed. (Distributed)
2022-11-07
Motion for divided argument filed by respondents GRANTED.
2022-11-07
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2022-11-03
Application (22A385) granted by The Chief Justice to file a reply brief on the merits in excess of the word limitation, not to exceed 11,000 words.
2022-11-01
Record received from the Supreme Court of North Carolina. The record is electronically filed.
2022-10-28
Record requested from the Supreme Court of North Carolina.
2022-10-27
Application (22A385) to file a reply brief on the merits in excess of the word limitation, not to exceed 11,000 words, submitted to The Chief Justice.
2022-10-26
Brief amici curiae of Bipartisan Current and Former Election Officials Donetta Davidson, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of Law Forward, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of Senator Amy Klobuchar, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of Scholars of the Founding Era filed. (Distributed)
2022-10-26
Brief amici curiae of District of Columbia, Illinois, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
2022-10-26
Brief amicus curiae of FairDistricts Now filed. (Distributed)
2022-10-26
Brief amicus curiae of Gov. Arnold Schwarzenegger filed. (Distributed)
2022-10-26
Brief amicus curiae of Professor Derek T. Muller filed. (Distributed)
2022-10-26
Brief amici curiae of Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania filed. (Distributed)
2022-10-26
Brief amicus curiae of American Bar Association filed. (Distributed)
2022-10-26
Brief amici curiae of Scholars of State Constitutional Law filed. (Distributed)
2022-10-26
Brief amicus curiae of Professor Evan Bernick filed. (Distributed)
2022-10-26
Brief amicus curiae of Benjamin L. Ginsberg filed. (Distributed)
2022-10-26
Brief amicus curiae of Women4Change Indiana, Inc. filed. (Distributed)
2022-10-26
Brief amici curiae of League of Women Voters of the United States and Leagues of Women Voters Representing 50 States and the District Of Columbia filed. (Distributed)
2022-10-26
Brief amici curiae of Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji filed. (Distributed)
2022-10-26
Brief amici curiae of Former Republican Elected and Executive Branch Officials filed. (Distributed)
2022-10-26
Brief amici curiae of The Anti-Defamation League, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of The National Association of Counties, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association, and The International Municipal Lawyers Association filed. (Distributed)
2022-10-26
Brief amicus curiae of William M. Treanor filed. (Distributed)
2022-10-26
Brief amicus curiae of Brennan Center for Justice at NYU School of Law filed. (Distributed)
2022-10-26
Brief amici curiae of State Constitutional Historians Lawrence Friedman and Robert F. Williams filed. (Distributed)
2022-10-26
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. (Distributed)
2022-10-26
Brief amici curiae of The Making Every Vote Count Foundation and The Leadership Now Foundation filed. (Distributed)
2022-10-26
Brief amicus curiae of Lawyers Defending American Democracy filed. (Distributed)
2022-10-26
Brief amici curiae of North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II filed. (Distributed)
2022-10-26
Brief amicus curiae of United States filed. (Distributed)
2022-10-26
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
2022-10-26
Motion for divided argument and for enlargement of time for oral argument filed by the respondents.
2022-10-26
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2022-10-26
Brief amicus curiae of Human Rights Watch filed. (Distributed)
2022-10-26
Brief amici curiae of Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces filed. (Distributed)
2022-10-26
Brief amici curiae of Boston University Center for Antiracist Research and Professor Atiba R. Ellis filed. (Distributed)
2022-10-26
Brief amicus curiae of Public Citizen filed. (Distributed)
2022-10-26
Brief amici curiae of Democracy and Race Scholars filed. (Distributed)
2022-10-26
Brief amici curiae of The Lawyers’ Committee For Civil Rights Under Law, et al. filed. (Distributed)
2022-10-26
Brief amici curiae of Current and Former Election Administrators filed. (Distributed)
2022-10-26
Brief amici curiae of Secretaries of State of Colorado, et al. filed. (Distributed)
2022-10-26
Brief amicus curiae of Eugene H. Goldberg filed. (Distributed)
2022-10-26
Brief amici curiae of U.S. Senator Sheldon Whitehouse, et al. filed. (12/06/2022) (Distributed)
2022-10-25
Brief amicus curiae of Puerto Rico House of Representatives filed. (Distributed)
2022-10-25
Brief amicus curiae of Richard L. Hasen filed. (Distributed)
2022-10-25
Brief amici curiae of Campaign Legal Center, et al. filed. (Distributed)
2022-10-25
Brief amici curiae of Charles Plambeck and Joni Walser filed. (Distributed)
2022-10-25
Brief amici curiae of Local Government Law Professors filed. (Distributed)
2022-10-25
CIRCULATED.
2022-10-24
Brief amicus curiae of Stephen M. Shapiro filed.
2022-10-24
Brief amicus curiae of Michael L. Rosin filed.
2022-10-24
Brief amici curiae of Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi filed.
2022-10-20
Brief amici curiae of Thomas Griffith, et al. filed.
2022-10-19
Brief of state respondents filed.
2022-10-19
Consolidated brief of non-state respondents filed.
2022-10-18
SET FOR ARGUMENT on Wednesday, December 7, 2022.
2022-10-07
Application (22A289) granted by The Chief Justice to file a consolidated respondents' brief on the merits in excess of the word limit provided that the brief does not exceed 20,000 words..
2022-10-03
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2022-09-30
Application (22A289) of non-state respondents to file a consolidated response brief on the merits in excess of the word limit, submitted to The Chief Justice.
2022-09-07
Blanket Consent filed by Petitioner, Timothy Moore, et al.
2022-09-06
Brief amicus curiae of Taxpayers For Honest Elections filed.
2022-09-06
Brief amicus curiae of Public Interest Legal Foundation filed.
2022-09-06
Brief amicus curiae of The Claremont Institute's Center for Constitutional Jurisprudence filed.
2022-09-06
Brief amicus curiae of The American Legislative Exchange Council filed.
2022-09-06
Brief amicus curiae of APA Watch filed.
2022-09-06
Brief amicus curiae of National Republican Redistricting Trust filed.
2022-09-06
Brief amici curiae of Republican National Committee, et al. filed.
2022-09-06
Brief amicus curiae of America First Legal Foundation filed.
2022-09-06
Brief amicus curiae of Conference of Chief Justices in support of neither party filed.
2022-09-06
Brief amici curiae of Group of New York Voters in support of neither party filed.
2022-09-06
Brief amici curiae of Lawyers Democracy Fund and State Legislators filed.
2022-09-06
Brief amici curiae of Citizens United, et al. filed.
2022-09-06
Brief amicus curiae of Honest Elections Project filed.
2022-09-06
Brief amicus curiae of America's Future, Inc. filed.
2022-09-06
Brief amici curiae of Arkansas, et al. filed.
2022-09-06
Brief amicus curiae of Arizona Independent Redistricting Commission in support of neither party filed.
2022-09-02
Brief amicus curiae of Restoring Integrity and Trust in Elections, Inc. filed.
2022-09-02
Brief amici curiae of Senator Kim Ward, et al. filed.
2022-09-02
Brief amici curiae of Wisconsin Voter Alliance, et al. in support of neither party filed.
2022-09-02
Brief amicus curiae of Hon. John R. Ashcroft filed.
2022-08-31
Brief amici curiae of White House Watch, a project of United States Public Policy Council, et al. filed.(File Date Corrected.)
2022-08-29
Motion to dispense with printing the joint appendix filed by petitioners Timothy Moore, et al.
2022-08-29
Brief of petitioners Timothy Moore, et al. filed.
2022-08-09
Blanket Consent filed by Respondent, Rebecca Harper, et al.
2022-08-04
Blanket Consent filed by Respondent, North Carolina League of Conservation Voters, Inc.
2022-07-26
Blanket Consent filed by Respondent, State Respondents
2022-07-25
Blanket Consent filed by Respondent, Common Cause
2022-07-22
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2022. The time to file respondents' brief on the merits is extended to and including October 19, 2022.
2022-07-19
Motion for an extension of time to file the briefs on the merits filed.
2022-06-30
Petition GRANTED.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-05-27
Reply of petitioners Timothy Moore, et al. filed. (Distributed)
2022-05-20
Brief of respondents North Carolina League of Conservation Voters, Inc., et al. in opposition filed.
2022-05-20
Brief of respondents State Respondents in opposition filed.
2022-05-20
Brief of respondent Common Cause in opposition filed.
2022-05-20
Brief of respondents Rebecca Harper, et al. in opposition filed.
2022-04-20
Brief amicus curiae of National Republican Redistricting Trust filed.
2022-04-11
Motion to extend the time to file a response is granted in part and the time is extended to and including May 20, 2022.
2022-04-08
Motion to extend the time to file a response from April 20, 2022 to June 20, 2022, submitted to The Clerk.
2022-03-17
Petition for a writ of certiorari filed. (Response due April 20, 2022)
2022-03-07
Application (21A455) referred to the Court.
2022-03-07
Application (21A455) denied by the Court. Justice Kavanaugh concurring in the denial of the application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21a455_5if6.pdf'>opinion</a>). Justice Alito, with whom Justice Thomas and Justice Gorsuch join, dissenting from the denial of the application for stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/21a455_5if6.pdf#page=3'>opinion</a>).
2022-03-03
Reply of applicants Timothy Moore, et al. filed.
2022-03-02
Response to application from State Respondents filed.
2022-03-02
Response to application from respondents Rebecca Harper, et al. filed.
2022-03-02
Response to application from respondent Common Cause filed.
2022-03-02
Response to application from respondents North Carolina League of Conservation Voters, Inc., et al. filed.
2022-03-02
Motion for Leave to File Brief of Amicus Curiae filed by National Republican Redistricting Trust.
2022-03-02
Motion for Leave to File Brief of Amici Curiae filed by Republican National Committee, NRCC, North Carolina Republican Party.
2022-02-25
Application (21A455) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
2022-02-25
Response to application (21A455) requested by The Chief Justice, due by 5 p.m. on Wednesday, March 2, 2022.
2022-02-25
Letter dated February 25, 2022 from counsel for applicants filed.
Attorneys
America First Legal Foundation
Jonathan F. Mitchell — Mitchell Law PLLC, Amicus
America's Future, Inc.
William Jeffrey Olson — William J. Olson, P.C., Amicus
American Bar Association
Faith Elizabeth Gay — Selendy Gay Elsberg PLLC, Amicus
American Civil Liberties Union, the ACLU of North Carolina, the Rutherford Institute, and the Niskanen Center
APA Watch
Benjamin L. Ginsberg
Bipartisan Group of Former Public Officials, Former Judges, and Election Experts From Pennsylvania
Boston University Center for Antiracist Research and Professor Atiba R. Ellis
Rebecca MacDowell Lecaroz — Brown Rudnick LLP, Amicus
Brennan Center for Justice at NYU School of Law
Campaign Legal Center, Democracy 21, End Citizens United//Let America Vote Action Fund, National Council of Jewish Women, Inc., OneVirginia2021, RepresentUs, Republican Women for Progress, Unitarian Universalists for Social Justice, and Voters Not Politic
Paul March Smith — Campaign Legal Center, Amicus
Carolyn Shapiro, Nicholas O. Stephanopoulos, Daniel P. Tokaji
Charles Plambeck and Joni Walser
H. David Rosenbloom — Caplin & Drysdale, Amicus
Citizens United, Citizens United Foundation, and the Presidential Coalition
Gary Michael Lawkowski — Dhillon Law Group, Amicus
Common Cause
Neal Kumar Katyal — Hogan Lovells US LLP, Respondent
Conference of Chief Justices
Carter G. Phillips — Amicus
Constitutional Accountability Center
Current and Former Election Administrators
Karl J. Sandstrom — Perkins Coie LLP, Amicus
Democracy and Race Scholars
Angela Marie Liu — Dechert LLP, Amicus
District of Columbia, Illinois, et al.
Donetta Davidson, Tracy Howard, Neal Kelley, Roxanna Moritz, Helen Purcell, Al Schmidt, DeForest Soaries, and Janice Winfrey
Mark Alexander Packman — Gilbert LLP, Amicus
Eugene H. Goldberg
Eugene H. Goldberg — Eugene H. Goldberg, Esq., Amicus
FairDistricts Now
Former Republican Elected and Executive Branch Officials
Charles Rothfeld — Mayer Brown LLP, Amicus
Gov. Arnold Schwarzenegger
Group of New York Voters
Hon. John R. Ashcroft
Hon. Rafael Hernandez Montañez, in his official capacity as Speaker of the Puerto Rico House of Representatives
Jorge Martinez-Luciano — ML & RE Law Office, Amicus
Honest Elections Project
Cameron Thomas Norris — Consovoy McCarthy PLLC, Amicus
Human Rights Watch
Independent Redistricting Commission
Brett William Johnson — Snell & Wilmer, L.L.P., Amicus
Law Forward, et al.
Mel Barnes — Law Forward, Inc., Amicus
Lawyers Defending American Democracy
Gershon Michael Ratner — Amicus
Lawyers Democracy Fund and State Legislators
David B. Rivkin Jr. — Baker & Hostetler LLP, Amicus
League of Women Voters of The United States and Leagues of Women Voters Representing 50 States and The District Of Columbia
Jonathan Lee Sherman — Fair Elections Center, Amicus
Local Government Law Professors
Joshua Aaron Rosenthal — Public Rights Project, Amicus
Michael L. Rosin
Michael Nicholas Donofrio — Stris & Maher LLP, Amicus
NAACP Legal Defense & Educational Fund, Inc.
National Republican Redistricting Trust
North Carolina League of Conservation Voters, Inc.
Jessica Ring Amunson — Jenner & Block LLP, Respondent
Zachary Charles Schauf — Jenner & Block LLP, Respondent
North Carolina Senator Daniel T. Blue, Jr. and North Carolina Representative Robert T. Reives, II
Professor Derek T. Muller
Professor Evan Bernick
Anton Metlitsky — O'Melveny & Myers, LLP, Amicus
Professors Akhil Reed Amar, Vikram David Amar and Steven Gow Calabresi
Vikram David Amar — Attorney At Law, Amicus
Public Citizen
Public Interest Legal Foundation
Rebecca Harper, et al.
Abha Khanna — Elias Law Group LLP, Respondent
Republican National Committee, NRCC, North Carolina Republican Party
Restoring Integrity and Trust in Elections, Inc.
John Matthew Gore — Jones Day, Amicus
Retired Four-Star Admirals and Generals, and Former Service Secretaries of the U.S. Armed Forces
Ilana Hope Eisenstein — DLA Piper LLP (US), Amicus
Richard L. Hasen
Richard Hasen — UCLA School of Law, Amicus
Scholars of State Constitutional Law
Scholars of the Founding Era
Secretaries of State of Colorado, et al.
Eric Reuel Olson — Solicitor General, Amicus
Senator Amy Klobuchar, et al.
David A. O'Neil — Debevoise & Plimpton LLP, Amicus
Senator Kim Ward, the Majority Leader of the Pennsylvania Senate, and the Republican Caucus of the Pennsylvania Senate
Anthony R. Holtzman — K&L Gates LLP, Amicus
State Constitutional Historians Lawrence Friedman and Robert F. Williams
State Respondents
Sarah Gardner Boyce — NC Department of Justice, Respondent
Donald B. Verrilli Jr. — Munger, Tolles & Olson LLP, Respondent
States of Arkansas, Arizona, Alabama, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, and Utah.
Stephen M. Shapiro
Stephen Mark Shapiro — Amicus
Taxpayers for Honest Elections
David Stevenson Walker II — Walker Kiger, PLLC, Amicus
The American Legislative Exchange Council
Lee Elton Goodman — Wiley Rein LLP, Amicus
The Anti-Defamation League, The Sikh Coalition, The Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism
The Claremont Institute's Center for Constitutional Jurisprudence
John C. Eastman — Constitutional Counsel Group, Amicus
The Lawyers’ Committee For Civil Rights Under Law, Advancement Project, Asian American Legal Defense And Education Fund, Asian Americans Advancing Justice, Demos, Latinojustice, Leadership Conference, National Association For The Advancement Of Colored Pe
The Making Every Vote Count Foundation and The Leadership Now Foundation
The National Association of Counties, The National League of Cities, The U.S. Conference of Mayors, The International City/County Management Association, and The International Municipal Lawyers Association
Thomas Griffith, John Danforth, Larry Thompson, Barbara Comstock, Peter Keisler, Stuart Gerson, et al.
Richard Douglas Bernstein — Respondent
Timothy Moore, et al.
David H. Thompson — Cooper & Kirk, PLLC, Petitioner
U.S. Senator Sheldon Whitehouse and Representative Henry “Hank” Johnson, Jr.
Gerson H. Smoger — Smoger & Associates, Amicus
United States
Elizabeth B. Prelogar — Amicus
White House Watch, a project of United States Public Policy Council et al. (including 33 Individuals)
William M. Treanor
Brian Adair Sutherland — Reed Smith, LLP, Amicus
Wisconsin Voter Alliance and Pure Integrity Michigan Elections
Women4Change Indiana, Inc.