Dickson v. Rucho, 367 N.C. 817 (2015)

May 7, 2015 · Supreme Court of North Carolina · No. 201PA12-3
367 N.C. 817
MARGARET DICKSON, ALICIA CHISOLM, ETHEL CLARK, MATTHEW A. McLEAN, MELISSA LEE ROLLIZO, C. DAVID GANTT, VALERIA TRUITT, ALICE GRAHAM UNDERHILL, ARMIN JANCIS, REBECCA JUDGE, ZETTIE WILLIAMS, TRACEY BURNS-VANN, LAWRENCE CAMPBELL, ROBINSON O. EVERETT, JR., LINDA GARROU, HAYES McNEILL, JIM SHAW, SIDNEY E. DUNSTON, ALMA ADAMS, R. STEVE BOWDEN, JASON EDWARD COLEY, KARL BERTRAND FIELDS, PAMLYN STUBBS, DON VAUGHAN, BOB ETHERIDGE, GEORGE GRAHAM, JR., THOMAS M. CHUMLEY, AISHA DEW, GENEAL GREGORY, VILMA LEAKE, RODNEY W. MOORE, BRENDA MARTIN STEVENSON, JANE WHITLEY, I.T. ("TIM") VALENTINE, LOIS WATKINS, RICHARD JOYNER, MELVIN C. McLAWHORN, RANDALL S. JONES, BOBBY CHARLES TOWNSEND, LBERT KIRBY, TERRENCE WILLIAMS, NORMAN C. CAMP, MARY F. POOLE, STEPHEN T. SMITH, PHILIP A. BADDOUR, and DOUGLAS A. WILSON v. ROBERT RUCHO, in his official capacity only as the Chairman of the North Carolina Senate Redistricting Committee; DAVID LEWIS, in his official capacity only as the Chairman of the North Carolina House of Representatives Redistricting Committee; NELSON DOLLAR, in his official capacity only as the Co-Chairman of the North Carolina House of Representatives Redistricting Committee; JERRY DOCKHAM, in his official capacity only as the Co-Chairman of the North Carolina House of Representatives Redistricting Committee; PHILIP E. BERGER, in his official capacity only as the President Pro Tempore of the North Carolina Senate; THOM TILLIS, in his official capacity only as the Speaker of the North Carolina House of Representatives; THE STATE BOARD OF ELECTIONS; and THE STATE OF NORTH CAROLINA; NORTH CAROLINA STATE CONFERENCE OF BRANCHES OF THE NAACP, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DEMOCRACY NORTH CAROLINA, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE, REVA McNAIR, MATTHEW DAVIS, TRESSIE STANTON, ANNE WILSON, SHARON HIGHTOWER, KAY BRANDON, GOLDIE WELLS, GRAY NEWMAN, YVONNE STAFFORD, ROBERT DAWKINS, SARA STOHLER, HUGH STOHLER, OCTAVIA RAINEY, CHARLES HODGE, MARSHALL HARDY, MARTHA GARDENHIGHT, BEN TAYLOR, KEITH RIVERS, ROMALLUS O. MURPHY, CARL WHITE, ROSA BRODIE, HERMAN LEWIS, CLARENCE ALBERT, EVESTER BAILEY, ALBERT BROWN, BENJAMIN LANIER, GILBERT VAUGHN, AVIE LESTER, THEODORE MUCHITENI, WILLIAM HOBBS, JIMMIE RAY HAWKINS, HORACE P. BULLOCK, ROBERTA WADDLE, CHRISTINA DAVIS-McCOY, JAMES OLIVER WILLIAMS, MARGARET SPEED, LARRY LAVERNE BROOKS, CAROLYN S. ALLEN, WALTER ROGERS, SR., SHAWN MEACHEM, MARY GREEN BONAPARTE, SAMUEL LOVE, COURTNEY PATTERSON, WILLIE O. SINCLAIR, CARDES HENRY BROWN, JR., and JANE STEPHENS v. THE STATE OF NORTH CAROLINA; THE NORTH CAROLINA STATE CAROLINA STATE BOARD OF ELECTIONS; THOM TILLIS, in his official capacity as Speaker of the North Carolina House of Representatives; and PHILIP E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate

MARGARET DICKSON, ALICIA ) CHISOLM, ETHEL CLARK, ) MATTHEW A. McLEAN, MELISSA ) LEE ROLLIZO, C. DAVID GANTT, ) VALERIA TRUITT, ALICE GRAHAM ) UNDERHILL, ARMIN JANCIS, ) REBECCA JUDGE, ZETTIE ) WILLIAMS, TRACEY BURNS-VANN, ) LAWRENCE CAMPBELL, ROBINSON ) O. EVERETT, JR., LINDA GARROU, ) HAYES McNEILL, JIM SHAW, ) SIDNEY E. DUNSTON, ALMA ) ADAMS, R. STEVE BOWDEN, ) JASON EDWARD COLEY, KARL ) BERTRAND FIELDS, PAMLYN ) STUBBS, DON VAUGHAN, BOB ) ETHERIDGE, GEORGE GRAHAM, JR., ) THOMAS M. CHUMLEY, AISHA DEW, ) GENEAL GREGORY, VILMA LEAKE, ) RODNEY W. MOORE, BRENDA ) MARTIN STEVENSON, JANE ) WHITLEY, I.T. (“TIM”) VALENTINE, ) LOIS WATKINS, RICHARD JOYNER, ) MELVIN C. McLAWHORN, RANDALL S. ) JONES, BOBBY CHARLES TOWNSEND, LBERT KIRBY, TERRENCE WILLIAMS, NORMAN C. CAMP, MARY F. POOLE, ) STEPHEN T. SMITH, PHILIP A. ) BADDOUR, and DOUGLAS A. WILSON ) ) v. ) ) ROBERT RUCHO, in his official capacity only as the Chairman of the North ) Carolina Senate Redistricting ) Committee; DAVID LEWIS, in his ) official capacity only as the Chairman ) of the North Carolina House of ) Representatives Redistricting ) Committee; NELSON DOLLAR, ) in his official capacity only as the ) Co-Chairman of the North Carolina ) House of Representatives Redistricting ) Committee; JERRY DOCKHAM, in his ) official capacity only as the Co-Chairman of the North Carolina House of ) Representatives Redistricting ) Committee; PHILIP E. BERGER, in his ) official capacity only as the President ) Pro Tempore of the North Carolina ) *818Senate; THOM TILLIS, in his official capacity only as the Speaker of the North Carolina House of Representatives; THE STATE BOARD OF ELECTIONS; and THE STATE OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF BRANCHES OF THE NAACP, LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, DEMOCRACY NORTH CAROLINA, NORTH CAROLINA A. PHILIP RANDOLPH INSTITUTE, REVA McNAIR, MATTHEW DAVIS, TRESSIE STANTON, ANNE WILSON, SHARON HIGHTOWER, KAY BRANDON, GOLDIE WELLS, GRAY NEWMAN, YVONNE STAFFORD, ROBERT DAWKINS, SARA STOHLER, HUGH STOHLER, OCTAVIA RAINEY, CHARLES HODGE, MARSHALL HARDY, MARTHA GARDENHIGHT, BEN TAYLOR, KEITH RIVERS, ROMALLUS O. MURPHY, CARL WHITE, ROSA BRODIE, HERMAN LEWIS, CLARENCE ALBERT, EVESTER BAILEY, ALBERT BROWN, BENJAMIN LANIER, GILBERT VAUGHN, AVIE LESTER, THEODORE MUCHITENI, WILLIAM HOBBS, JIMMIE RAY HAWKINS, HORACE P. BULLOCK, ROBERTA WADDLE, CHRISTINA DAVIS-McCOY, JAMES OLIVER WILLIAMS, MARGARET SPEED, LARRY LAVERNE BROOKS, CAROLYN S. ALLEN, WALTER ROGERS, SR., SHAWN MEACHEM, MARY GREEN BONAPARTE, SAMUEL LOVE, COURTNEY PATTERSON, WILLIE O. SINCLAIR, CARDES HENRY BROWN, JR., and JANE STEPHENS v. THE STATE OF NORTH CAROLINA; THE NORTH CAROLINA STATE CAROLINA STATE BOARD OF ELECTIONS; THOM TILLIS, in his official capacity as Speaker of the North Carolina House of *819Representatives; and PHILIP E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate

*817From Wake County

*819No. 201PA12-3

ORDER

On 20 April 2015, the United States Supreme Court Order List of 20 April 2015, posted on that Court’s website, indicated that in the instant case, the Supreme Court granted certiorari, vacated the judgment of this Court, and remanded the matter for further consideration in light of Alabama Legislative Black Caucus v. Alabama, 575 U.S. _, 135 S. Ct. 1257 (2015). See http://www.suDremecourt.gov/orders/ordersofthecourt/14.

On 20 April 2015, plaintiffs filed in this Court their “Motion for Expedited Schedule on Remand.”

On 27 April 2015, defendants filed in this Court their “Response to Plaintiffs’ Motion for Expedited Schedule on Remand.”

On 28 April 2015, plaintiffs filed in this Court their “Reply to Defendants’ Response to Plaintiffs’ Motion for Expedited Schedule on Remand.”

On 5 May 2015, the Supreme Court of the United States e-mailed to this Court a certified copy of the mandate and a certified copy of the judgment in the instant case.

Pursuant to the mandate of the Supreme Court of the United States, Plaintiffs’ Motion for Expedited Schedule on Remand is allowed as follows:

Further briefing and argument shall be limited to the applicability of Alabama Legislative Black Caucus v. Alabama, 575 U.S._, 135 S. Ct. 1257 (2015), to the case at bar.

Any supplemental material to be added to the Record on Appeal shall be due on or before 1 June 2015.

Plaintiffs’ brief shall be due on or before 11 June 2015. Any motions to file amicus curiae briefs aligned with plaintiffs, along with the attached proposed briefs, shall be filed on or before that same date.

Defendants’ brief shall be due on or before 13 July 2015. Any motions to file amicus curiae briefs aligned with defendants, along with the attached proposed briefs, shall be filed on or before that same date.

*820Oral argument will be held on 31 August 2015.

This the 7th day of May, 2015.

Plaintiffs’ reply brief, if any, shall be due on or before 27 July 2015.

s/Sam J. Ervin

For the Court