Case: Bethune-Hill v. Virginia State Board of Elections

3:14-cv-00852 | U.S. District Court for the Eastern District of Virginia

Filed Date: Dec. 22, 2014

Closed Date: Sept. 17, 2020

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Case Summary

This case involved a constitutional challenge to Virginia's 2011 House of Delegates Redistricting Plan. On December 22, 2014, 12 voters from 12 districts filed a lawsuit against the Virginia State Board of Elections and Virginia Department of Elections in the U.S. District Court for the Eastern District of Virginia. The case was considered by a three-judge panel, in accordance with 28 U.S.C. § 2284, comprised of Senior District Judge Robert E. Payne, District Judge Gerald Bruce Lee, and Circ…

This case involved a constitutional challenge to Virginia's 2011 House of Delegates Redistricting Plan.

On December 22, 2014, 12 voters from 12 districts filed a lawsuit against the Virginia State Board of Elections and Virginia Department of Elections in the U.S. District Court for the Eastern District of Virginia. The case was considered by a three-judge panel, in accordance with 28 U.S.C. § 2284, comprised of Senior District Judge Robert E. Payne, District Judge Gerald Bruce Lee, and Circuit Judge Barbara Milano Keenan.

The plaintiffs alleged that the Redistricting Plan had racially gerrymandered their districts in violation of the Equal Protection Clause of the Fourteenth Amendment. They argued that the Virginia General Assembly had drawn each of the challenged districts to have an African-American voting age population that met or exceeded a pre-determined 55% threshold. According to the plaintiffs, this threshold was set without justification or consideration for compliance with the Voting Rights Act but instead as an effort to pack the challenged districts and diminish the influence of African-American voters in the surrounding Districts.

The defendants responded by arguing that race was not the predominant consideration in the Redistricting Plan, that the plan was tailored to comply with the Voting Rights Act, and that the Redistricting Plan did not have a discriminatory purpose or effect.

On October 15, 2015, a divided three-judge panel agreed with the defendants that race was not the predominant factor in the creation of 11 of the 12 challenged districts. In the remaining district, the court held that race was a predominant factor but that the General Assembly was pursuing a compelling state interest in a manner narrowly tailored to achieve that interest.

The plaintiffs appealed directly to the Supreme Court, which held oral arguments in December 2016 and issued an opinion on March 1, 2017. The Court held that the District Court had applied an incorrect legal standard to determine that race did not predominate in 11 challenged districts, clarifying that race may predominate even if a redistricting plan is developed in accordance with traditional redistricting principles. But the Court affirmed the District Court's holding regarding the remaining district, concluding that the predominant use of race in that district was narrowly tailored to serve a compelling interest. The Court remanded the case back to the District Court to consider the extent to which race directed the shape of the 11 districts and, if race predominated, whether strict scrutiny was satisfied.

On remand, the three-judge District Court panel held on June 26, 2018 that the plaintiffs demonstrated that race was the predominant factor and that the defendants failed to show that the use of race was narrowly tailored to serve a compelling state interest in compliance with the Voting Rights Act. The Virginia House of Delegates and its Speaker (the "House"), who had intervened as defendants, appealed the District Court's decision to the Supreme Court and filed a motion to stay with the District Court while the Supreme Court appeal was pending. The Supreme Court accepted certiorari but the District Court refused to stay its proceedings.

The District Court then appointed a Special Master to assist and advise on the redistricting remedy, and the Special Master filed his first report on December 7, 2018. On December 13, 2018, the House filed an emergency application to the Supreme Court to stay the District Court's remedial proceedings while the 2018 Supreme Court appeal was pending, which was denied by the Supreme Court on January 8, 2019. On February 14, 2019, after each party submitted responses and alternatives to the Special Master's report and several court-ordered revisions to the report, the court ordered the state to implement the Special Master's Final Remedial Plan.

The Virginia Attorney General announced that the State would not seek an appeal of the District Court's order, but the Virginia House of Delegates and its Speaker again appealed the District Court's decision to the Supreme Court. On June 17, 2019, the Supreme Court held that the Virginia House of Delegates and its Speaker lacked standing to pursue an appeal.

	Document
1 3:14-cv-00852	Complaint	Dec. 22, 2014	Dec. 22, 2014 Complaint
59 3:14-cv-00852	Memorandum Opinion	May 26, 2015	May 26, 2015 Order/Opinion 114 F.Supp.3d 323
71 3:14-cv-00852	Plaintiffs' Corrected Amended Complaint	June 16, 2015	June 16, 2015 Complaint
108 3:14-cv-00852	Memorandum Opinion	Oct. 22, 2015	Oct. 22, 2015 Order/Opinion 141 F.Supp.3d 505
109 3:14-cv-00852	District Court Order	Oct. 22, 2015	Oct. 22, 2015 Order/Opinion
15-680	Opinion Supreme Court of the United States	March 1, 2017	March 1, 2017 Order/Opinion 580 U.S. 178
184 3:14-cv-00852	Order	Sept. 6, 2017	Sept. 6, 2017 Order/Opinion
208 3:14-cv-00852	Factual Stipulation	Sept. 27, 2017	Sept. 27, 2017 Other
234 3:14-cv-00852	Memorandum Opinion	June 26, 2018	June 26, 2018 Order/Opinion 326 F.Supp.3d 128
235 3:14-cv-00852	Order	June 26, 2018	June 26, 2018 Order/Opinion

Title	Description		External URL Date / External URL
Bethune Hill v. Virginia Board of Elections Brennan Center for Justice	The Brennan Center's website includes a summary of the case a copies of many of the relevant filings.	June 17, 2019	June 17, 2019 https://www.brennancenter.org/...
Bethune-Hill v. Virginia Board of Elections	Oyez's website includes a summary of the case and records of the oral argument and opinion announcement.	March 1, 2017	March 1, 2017 https://www.oyez.org/...
Virginia House of Delegates v. Bethune-Hill	Oyez's website includes a summary of the case and records of the oral argument and opinion announcement.	June 17, 2019	June 17, 2019 https://www.oyez.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections ( Filing fee $ 400.00, receipt number 34683027635.), filed by Alfreda Gordon, Vivian Williamson, Atoy Carrington, Tavarris Spinks, Golden Bethune-Hill, Sheppard Roland Winston, Cherrelle Hurt, Christa Brooks, Davinda Davis, Terrell Kingwood, Mattie Mae Urquhart, Chauncey Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Cover Letter)(tdai, ) (Entered: 12/23/2014) 1 View on PACER 2 View on PACER 3 View on PACER	Dec. 22, 2014	Dec. 22, 2014 Clearinghouse
2	Summons Issued as to James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections. Summonses issued and given to messenger as requested in cover letter. (tdai, ) (Entered: 12/23/2014)	Dec. 22, 2014	Dec. 22, 2014 PACER
3	Motion to appear Pro Hac Vice by Marc Erik Elias and Certification of Local Counsel John K. Roche Filing fee $ 75, receipt number 0422-4255740. by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 01/05/2015)	Jan. 5, 2015	Jan. 5, 2015 PACER
4	Motion to appear Pro Hac Vice by Kevin John Hamilton and Certification of Local Counsel John K. Roche Filing fee $ 75, receipt number 0422-4255751. by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 01/05/2015)	Jan. 5, 2015	Jan. 5, 2015 PACER
5	Motion to appear Pro Hac Vice by Elisabeth C. Frost and Certification of Local Counsel John K. Roche Filing fee $ 75, receipt number 0422-4255754. by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 01/05/2015)	Jan. 5, 2015	Jan. 5, 2015 PACER
6	Motion to appear Pro Hac Vice by Abha Khanna and Certification of Local Counsel John K. Roche Filing fee $ 75, receipt number 0422-4255756. by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 01/05/2015)	Jan. 5, 2015	Jan. 5, 2015 PACER
7	ORDER granting 4 Motion for Pro hac vice. Appointed Kevin John Hamilton for Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. Signed by District Judge Robert E. Payne on 1/8/15. (tdai, ) (Entered: 01/08/2015)	Jan. 8, 2015	Jan. 8, 2015 PACER
11	ORDER IT APPEARING to the undersigned Chief Judge of the Fourth Judicial Circuit of the United States that a civil action was filed in the United States District Court for the Eastern District of Virginia wherein the plaintiffs allege, inter alia, that Virginia's Congressional Districts 63, 69, 70, 71, 74, 75, 77, 80, 89, 90, 92, and 95 are racial gerrymanders in violation of the Equal Protection Clause. I DO HEREBY DESIGNATE the Honorable Barbara Milano Keenan, United States Circuit Judge for the Fourth Circuit; the Honorable Robert E. Payne, Senior United States District Judge for the Eastern District of Virginia; and the Honorable Gerald Bruce Lee, United States District Judge for the Eastern District of Virginia, to serve in the hearing and determination of this matter, as provided by law, the three to constitute a district court of three judges as provided by 28 U.S.C. § 2284. Signed by William B. Traxler, Jr., Chief Judge, U.S. Court of Appeals for the Fourth Circuit on 1/8/15. Copy sent to counsel for plaintiffs. (tdai, ) (Entered: 01/09/2015)	Jan. 8, 2015	Jan. 8, 2015 PACER
8	ORDER granting 3 Motion for Pro hac vice. Appointed Marc Erik Elias for Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. Signed by District Judge Robert E. Payne on 1/8/15. (tdai, ) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
9	ORDER granting 5 Motion for Pro hac vice. Appointed Elisabeth Carmel Frost for Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. Signed by District Judge Robert E. Payne on 1/8/15. (tdai, ) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
10	ORDER granting 6 Motion for Pro hac vice. Appointed Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. Signed by District Judge Robert E. Payne on 1/8/15. (tdai, ) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
14	SUMMONS Returned Executed. James B. Alcorn served on 1/12/2015, answer due 2/2/2015; Kimberly Bowers served on 1/12/2015, answer due 2/2/2015; Edgardo Cortes served on 1/12/2015, answer due 2/2/2015; Charlie Judd served on 1/14/2015, answer due 2/4/2015; Virginia Department of Elections served on 1/12/2015, answer due 2/2/2015; Virginia State Board of Elections served on 1/12/2015, answer due 2/2/2015. (tdai, ) (Entered: 01/27/2015)	Jan. 20, 2015	Jan. 20, 2015 PACER
12	MOTION to Intervene by Virginia House of Delegates, William J. Howell. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Mcknight, Katherine) (Entered: 01/23/2015)	Jan. 23, 2015	Jan. 23, 2015 PACER
13	Memorandum in Support re 12 MOTION to Intervene filed by William J. Howell, Virginia House of Delegates. (Mcknight, Katherine) (Entered: 01/23/2015)	Jan. 23, 2015	Jan. 23, 2015 RECAP
	Electronic Fee Payment - Pro Hac Vice	Jan. 29, 2015	Jan. 29, 2015 PACER
15	MOTION for Extension of Time to File Responsive Pleading (unopposed) by James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections. (Attachments: # 1 Proposed Order)(Brundage, Jeffrey) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
16	Motion to appear Pro Hac Vice by Daniel Ari Glass and Certification of Local Counsel Jeffrey Paul Brundage Filing fee $ 75. by James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections. (Brundage, Jeffrey) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
17	Motion to appear Pro Hac Vice by Kathleen Angell Gallagher and Certification of Local Counsel Jeffrey Paul Brundage Filing fee $ 75, receipt number 0422-4292795. by James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections. (Brundage, Jeffrey) (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015 PACER
18	NOTICE of Appearance by Jennifer Marie Walrath on behalf of William J. Howell, Virginia House of Delegates (Walrath, Jennifer) (Entered: 01/30/2015)	Jan. 30, 2015	Jan. 30, 2015 PACER
19	Motion to appear Pro Hac Vice by E. Mark Braden and Certification of Local Counsel Jennifer M. Walrath Filing fee $ 75, receipt number 0422-4294270. by William J. Howell, Virginia House of Delegates. (Walrath, Jennifer) (Entered: 01/30/2015)	Jan. 30, 2015	Jan. 30, 2015 PACER
20	ORDER granting 15 Motion of Time to File Responsive Pleading (unopposed). It is further ORDERED that the defendants, Virginia State Board of Elections, Charlie Judd, Kimberly Bowers, James B. Alcorn, the Virginia Department of Elections, and Edgardo Cortes, shall file their Answers and any other motions with respect to the Complaint by February 18, 2015. It is so ORDERED. Signed by Magistrate Judge David J. Novak on 1/30/15. (tdai, ) (Entered: 01/30/2015)	Jan. 30, 2015	Jan. 30, 2015 PACER
21	NOTICE by James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections re 12 MOTION to Intervene (Brundage, Jeffrey) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
22	RESPONSE to Motion re 12 MOTION to Intervene filed by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
23	ORDER granting 16 Motion for Pro hac vice. Appointed Daniel Ari Glass for James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, and Virginia State Board of Elections. Signed by District Judge Robert E. Payne on 2/2/2015. (sbea, ) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
24	ORDER granting 17 Motion for Pro hac vice. Appointed Kathleen Angell Gallagher for James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, and Virginia State Board of Elections. Signed by District Judge Robert E. Payne on 2/2/2015. (sbea, ) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
25	ORDER granting 19 Motion for Pro hac vice. Appointed Effrem Mark Braden for Virginia House of Delegates and William J. Howell. Signed by District Judge Robert E. Payne on 2/2/2015. (sbea, ) (Entered: 02/02/2015)	Feb. 2, 2015	Feb. 2, 2015 PACER
	Notice of Correction	Feb. 3, 2015	Feb. 3, 2015 PACER
26	ORDER granting 12 Motion to Intervene to Intervene by Virginia House of Delegates, William J. Howell. The Defendant-Intervenors are directed forthwith to file and serve their Answer. It is so ORDERED. Signed by Magistrate Judge David J. Novak on 2/3/15. (tdai, ) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
27	ANSWER to 1 Complaint,, by William J. Howell, Virginia House of Delegates.(Mcknight, Katherine) (Entered: 02/03/2015)	Feb. 3, 2015	Feb. 3, 2015 PACER
	Set/Reset Hearings	Feb. 5, 2015	Feb. 5, 2015 PACER
28	ORDER Having consulted with counsel, and for the reasons stated on the record on February 5, 2015, it is ordered that a bench trial shall be held on July 7-9, 2015. The trial will be held in the Albert V. Bryan United States Courthouse located at 401 Courthouse Square, Alexandria, VA 22314. It is further ordered that next Thursday, February 12, 2015, counsel shall submit their proposed Initial Pretrial Order and Scheduling Order. It is so ORDERED. Signed by Magistrate Judge David J. Novak on 2/5/14. (tdai, ) (Entered: 02/05/2015)	Feb. 5, 2015	Feb. 5, 2015 PACER
29	NOTICE of Appearance by Anthony F. Troy on behalf of James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections (Troy, Anthony) (Entered: 02/10/2015)	Feb. 10, 2015	Feb. 10, 2015 PACER
30	Proposed Joint Initial Pretrial, Scheduling, and Discovery Plan by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston.(Roche, John) (Entered: 02/12/2015)	Feb. 12, 2015	Feb. 12, 2015 PACER
31	ANSWER to 1 Complaint,, by James B. Alcorn, Kimberly Bowers, Edgardo Cortes, Charlie Judd, Virginia Department of Elections, Virginia State Board of Elections.(Brundage, Jeffrey) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
32	NOTICE by James B. Alcorn, Kimberly Bowers, Charlie Judd re 1 Complaint,, of Substitution Pursuant to FRCP 25(d) (Brundage, Jeffrey) (Entered: 02/18/2015)	Feb. 18, 2015	Feb. 18, 2015 PACER
33	NOTICE of Appearance by Godfrey Thadeus Pinn, Jr on behalf of Virginia State Board of Elections (Pinn, Godfrey) (Main Document 33 replaced on 2/20/2015) (tdai, ). (Entered: 02/20/2015)	Feb. 20, 2015	Feb. 20, 2015 PACER
34	TRANSCRIPT of conference call held on February 24, 2015, before Judge Robert E. Payne, Court Reporter Peppy Peterson, Telephone number 804-916-2267. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/30/2015. Redacted Transcript Deadline set for 4/29/2015. Release of Transcript Restriction set for 5/28/2015.(peterson, peppy) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015 PACER
35	INITIAL PRETRIAL, Scheduling and Discovery Order Signed by District Judge Robert E. Payne on 3/2/15. (sneal, ) (Entered: 03/03/2015)	March 3, 2015	March 3, 2015 PACER
36	Motion to appear Pro Hac Vice by Bruce Van Spiva and Certification of Local Counsel John Roche Filing fee $ 75, receipt number 0422-4361561. by Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. (Roche, John) (Entered: 03/17/2015)	March 17, 2015	March 17, 2015 PACER
37	ORDER granting 36 Motion for Pro hac vice. Appointment of Bruce Van Spiva for Golden Bethune-Hill, Christa Brooks, Chauncey Brown, Atoy Carrington, Davinda Davis, Alfreda Gordon, Cherrelle Hurt, Terrell Kingwood, Tavarris Spinks, Mattie Mae Urquhart, Vivian Williamson, Sheppard Roland Winston. Signed by District Judge Robert E. Payne on 3/18/15. (tdai, ) (Entered: 03/19/2015)	March 18, 2015	March 18, 2015 PACER

Case: Bethune-Hill v. Virginia State Board of Elections

3:14-cv-00852 | U.S. District Court for the Eastern District of Virginia

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