Note: The Brennan Center is not a participant in this case.
Case Background
On February 22, 2018, eight of Pennsylvania’s Republican members of the U.S. House, along with the majority leader of Pennsylvania senate and the chair of the senate state government committee, filed suit in federal district court in Harrisburg, seeking to block Pennsylvania from using the new congressional map put in place by the Pennsylvania Supreme Court in League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania.
The suit contends that the Pennsylvania Supreme Court acted in violation of the Elections Clause of the U.S. Constitution when it required that any map adopted during the remedial process comply with redistricting criteria specified in the court’s order. The suit also contends that the Pennsylvania Supreme Court failed to give lawmakers adequate time to adopt a remedial plan.
The court held a hearing on the plaintiffs’ request for a preliminary injunction on March 9. On March 19, the court denied the plaintiffs’ motion to preliminarily enjoin the state from conducting the 2018 elections under the new congressional map and dismissed the plaintiffs’ complaint with prejudice for lack of standing.
On April 3, Jeffrey Cutler, a former Pennsylvania elected official moved to intervene in the district court proceedings and requested that the panel reconsider its decision dismissing the suit. One week later, the panel denied both Cutler’s request to intervene and the request to reconsider, prompting Cutler to file an appeal to the United States Court of Appeals for the Third Circuit. On September 14, the Third Circuit Court of Appeals affirmed the panel’s decision.
On June 1, the Third Circuit Court of Appeals denied Cutler’s motion to stay use the remedial congressional map adopted by the Pennsylvania Supreme Court pending appeal.
Documents
District Court
- Complaint (February 22, 2018)
- Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction (February 22, 2018)
- Motion to Intervene as Defendant by the League of Women Voters of Pennsylvania (February 22, 2018)
- Brief in Support of Motion to Intervene as Defendant by the League of Women Voters of Pennsylvania (February 22, 2018)
- Motion for Leave to File Amicus Brief by Brian McCann (February 22, 2018)
- Order Appointing Three-Judge Panel (February 23, 2018)
- Motion to Intervene as Defendant by the National Democratic Redistricting Committee (February 23, 2018)
- Brief in Support of Motion to Intervene as Defendant by the National Democratic Redistricting Committee (February 23, 2018)
- Memorandum of Law in Support of Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction (February 23, 2018)
- Scheduling Order (February 23, 2018)
- Order Granting Leave to File Amicus Brief by Brian McCann (February 23, 2018)
- Plaintiffs’ Brief in Opposition to League of Women Voters of Pennsylvania et al.'s Motion to Intervene as Defendants (February 27, 2018)
- Plaintiffs’ Brief in Opposition to the National Democratic Redistricting Committee’s Motion to Intervene as Defendants (February 27, 2018)
- Motion for Leave to File Amicus Brief by the Republican Caucus of the Pennsylvania House of Representatives (February 27, 2018)
- Proposed Intervenors’ Reply Brief of the League of Women Voters of Pennsylvania in Support of Motion to Intervene as Defendants (February 28, 2018)
- Brief of Defendants Robert Torres and Jonathan M. Marks in Support of Motions to Intervene as Defendants (February 28, 2018)
- Proposed Intervenors’ Reply Brief of the National Democratic Redistricting Committee in Support of Motion to Intervene as Defendant (February 28, 2018)
- Amicus Brief of Brian McCann et al. (March 1, 2018)
- Order Granting Motion for Leave to Participate as Amicus Curiae by the Republican Caucus of the Pennsylvania House of Representatives (March 2, 2018)
- Amicus Brief of the Republican Caucus of the Pennsylvania House of Representatives in Support of Plaintiffs’ Motion for Preliminary Injunction (March 2, 2018)
- Motion for Leave to Participate as Amicus Curiae in Support of Defendants by Common Cause (March 2, 2018)
- Motion for Leave to Participate as Amicus Curiae by Campaign Legal Center (March 2, 2018)
- Order re Motions to Intervene (March 2, 2018)
- Defendants’ Motion to Dismiss Complaint (March 2, 2018)
- Defendants’ Memorandum of Law in Support of Motion to Dismiss (March 2, 2018)
- Intervenors’ Brief in Opposition to Plaintiffs’ Motion for a Preliminary Injunction (March 2, 2018)
- Intervenors’ Motion for Judgment on the Pleadings or Alternatively to Dismiss (March 2, 2018)
- Intervenors’ Brief in Support of Motion for Judgment on the Pleadings or Alternatively to Dismiss (March 2, 2018)
- Defendants’ Brief in Opposition to Plaintiffs’ Motion for Preliminary Injunction (March 2, 2018)
- Plaintiffs’ Motion for Leave to File Omnibus Briefs (March 4, 2018)
- Order Granting Motion for Leave to Participate as Amicus Curiae by Common Cause (March 5, 2018)
- Order Granting Motion for Leave to Participate as Amicus Curiae by Campaign Legal Center (March 5, 2018)
- Order Granting Motion for Leave to File Omnibus Briefs (March 5, 2018)
- Amicus Brief of Common Cause (March 5, 2018)
- Amicus Brief of Campaign Legal Center in Support of Defendants and Intervenor-Defendants (March 5, 2018)
- Amicus Brief of National Democratic Redistricting Committee in Opposition to Motion for Preliminary Injunction (March 6, 2018)
- Plaintiffs’ Omnibus Brief in Opposition to Defendants’ Motion to Dismiss and Intervenor-Defendants’ Motion for Judgment on the Pleadings (March 7, 2018)
- Plaintiffs’ Reply Brief in Further Support of Motion for Preliminary Injunction (March 7, 2018)
- Motion for Leave to Participate as Amicus Curiae by the American Civil Rights Union (March 7, 2018)
- Order Granting Motion for Leave to Participate as Amicus Curiae by the American Civil Rights Union (March 7, 2018)
- Amicus Brief of the American Civil Rights Union (March 7, 2018)
- Intervenors’ Reply in Support of Motion for Judgment on the Pleadings or Alternatively to Dismiss (March 8, 2018)
- Defendants’ Reply Memorandum in Support of Motion to Dismiss (March 8, 2018)
- Defendants’ Motion for Leave to File Surreply (March 8, 2018)
- Motion for Leave to Participate as Amicus Curiae in Support of Plaintiffs’ Motion for Preliminary Injunction by Senator Guy Reschenthaler (March 9, 2018)
- Order Granting Motion for Leave to Participate as Amicus Curiae by Senator Guy Reschenthaler (March 9, 2018)
- Order Granting Motion for Leave to File Surreply (March 9, 2018)
- Defendants’ Surreply Brief in Opposition to Plaintiffs’ Motion for Preliminary Injunction (March 9, 2018)
- Order (March 19, 2018)
- Memorandum Opinion (March 19, 2018)
- Motion to Intervene as Plaintiff and Motion to Reconsider (April 3, 2018)
- Order Denying Motion to Intervene as Plaintiff and Motion to Reconsider (April 10, 2018)
- Notice of Appeal and Motion to Consolidate Related Appeals (April 12, 2018)
- Amended Notice of Appeal and Motion to Consolidate Related Appeals (April 17, 2018)
U.S. Court of Appeals for the Third Circuit (intervenor’s appeal)
- Defendants-Appellees’ Opposition to Appellant Jeffery Cutler’s Motion for Injunction Pending Appeal (May 4, 2018)
- Response of Intervenors Carmen Febo San Miguel et al. to Appellant Jeffery Cutler’s Motion for Injunction Pending Appeal (May 4, 2018)
- Appellant Jeffery Cutler’s Motion to Dismiss Defendants’ Claims for Failure to Respond to Appellant (May 8, 2018)
- Order (May 9, 2018)
- Appellant Jeffery Cutler’s Emergency Motion to Reconsider Denial of Injunction Pending Appeal and Motion to Dismiss Defendants’ Claims for Failure to Respond to Appellant (May 10, 2018)
- Response of Intervenors Carmen Febo San Miguel et. al. to Appellant Jeffery Cutler’s Emergency Motion to Reconsider (May 21, 2018)
- Defendants-Appellees’ Opposition to Appellant Jeffery Cutler’s Motion to Reconsider (May 21, 2018)
- Briefing Schedule and Order (May 23, 2018)
- Order (June 1, 2018)
- Brief for Appellant/Intervenor-Plaintiff (July 16, 2018)
- Appellee’s Brief (August 14, 2018)
- Appellant’s Reply Brief (August 28, 2018)
- Order (September 14, 2018)
- Petition for Rehearing (October 22, 2018)
- Order Denying Petition for Rehearing (December 6, 2018)