Case: Robinson v. Ardoin

3:22-cv-00211 | U.S. District Court for the Middle District of Louisiana

Filed Date: March 30, 2022

Closed Date: April 25, 2024

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Case Summary

This case involved a challenge to Louisiana's proposed Congressional map that was drawn after the 2020 census. On February 18, 2022, the Louisiana Legislature passed H.B. 1 and S.B. 5, two bills with identical Congressional maps. This map was enacted after the 2020 census. On March 9, 2022, Governor John Edwards vetoed both maps because in his view, the maps violated Section 2 of the Voting Rights Act (VRA) because the maps did not create a second majority-Black opportunity district. On March …

This case involved a challenge to Louisiana's proposed Congressional map that was drawn after the 2020 census.

On February 18, 2022, the Louisiana Legislature passed H.B. 1 and S.B. 5, two bills with identical Congressional maps. This map was enacted after the 2020 census. On March 9, 2022, Governor John Edwards vetoed both maps because in his view, the maps violated Section 2 of the Voting Rights Act (VRA) because the maps did not create a second majority-Black opportunity district. On March 30, 2022, the Legislature voted to override Governor Edwards' veto of H.B. 1.

That same day, the Louisiana NAACP, the Power Coalition for Equity and Justice, and 9 black Louisiana voters sued the Louisiana Secretary of State. The Plaintiffs alleged that Louisiana's congressional map diluted the voting power of Black Louisianans because they were sufficiently numerous, geographically compact, and politically cohesive to constitute a majority of voters in two of Louisiana's congressional districts. The case was assigned to Judge Shelly D. Dick.

On April 14, 2022, Judge Dick ordered this case be consolidated with Galmon v. Ardoin, 3:22-cv-00214, which was filed on the same day as this case, and also challenged the redistricting map.

Clay Schexnayder and Patrick Cortez, the Louisiana Speaker of the House and President of the Senate respectively, filed a motion to intervene as defendants on April 6, 2022. They argued they were entitled to intervene as of right because they had an interest in defending the redistricting plan they enacted because the US Constitution gave the state legislatures the right to establish "the Times, Places and Manner of holding Elections for Senators and Representatives." Further, they argued they had an interest in avoiding a second redistricting effort in the event the map was held to be unlawful. They also argued that the named defendant, the Louisiana Secretary of State, did not adequately represent these interests because they have no legal duty to enact redistricting legislation and did not have the same principle interests because the Secretary's principle interest is election administration, while the intervenors' interest was in preserving the effectiveness of their legislative votes and avoiding another redistricting effort.

On April 13, 2022, Louisiana Attorney General (AG) Jeff Landry filed a motion to intervene as a defendant. AG Landry argued that he should be allowed to intervene as of right because his position requires him to protect the rights and interests of Louisiana and its citizens, and to uphold its laws and constitution. Further, the state constitution gave him the right to intervene in any civil action or proceeding, while state and federal law also gave him the right to defend the legality and constitutionality of the state's laws. He argued that the Secretary of State did not adequately represent his interests because the Secretary of State's objective is orderly implementation of election rules, while the AG's interest is to defend the sovereign interests of Louisiana.

On April 19, 2022, Judge Dick granted the intervention motion for all three proposed intervenors. Judge Dick held that the legislators had a legitimate interest in defending the merits of the proposed map, and agreed that the Secretary of State's interest diverged from the legislators because the Secretary would not be concerned with the merits of the map, but more so in making sure a remedy occurs in time to administer the next scheduled elections. As for the AG, Judge Dick relied on Supreme Court precedent (Cameron v. EMW Women's Surgical Center, P.S.C., 595 U.S. 267) that weighed in favor of providing states with the opportunity to defend its laws in federal court, thus giving the AG a legitimate interest in defending Louisiana's sovereign interests. The court held that the AG failed to show Louisiana's interests would be impaired if he were not allowed to intervene because he would be "fully empowered" to represent the Secretary of State and thus he was not entitled to intervene as of right. However, the court did allow permissive intervention for the AG because of the Cameron decision and because allowing the intervention would not harm any party and to better serve the ends of justice.

On April 21, 2022, the Louisiana Legislative Black Caucus (LLBC) filed a motion to intervene in support of the relief requested by the plaintiff. LLBC argued they had an interest in intervening as of right because the legislative body that created challenged districts is a real party in interest in that case, and the legislatures who supported the map were allowed to intervene as defendants in this case. LLBC also argued that the plaintiffs did not adequately represent their interests because LLBC had the unique interest in promoting their constituents' interests. Thus, their preferred remedy may differ from that of the plaintiffs. This motion was granted without objection on May 3, 2022.

On April 15, 2022, the plaintiffs filed a motion for a preliminary injunction (PI), asking the court to prevent Louisiana from using the map in any congressional elections.

On June 6, 2022, the Judge Dick granted the motion for a PI. 605 F.Supp.3d 759. The court determined that the Plaintiffs were likely to succeed in showing the congressional map violated Section 2 of the VRA because they showed that Black Louisianans were sufficiently: (1) numerous, (2) compact, and (3) their voting patters showed racially polarized voting. The court also held that the plaintiffs would face irreparable harm if the map was used in the 2022 midterm elections, and that the public interest was in favor of granting the PI because it would protect voting rights. The court also gave the legislature until June 20, 2022 to draw a new congressional map, and threatened to draw its own map if a new one was not approved by that deadline.

Louisiana appealed the PI grant and moved for a stay pending appeal. The Fifth Circuit Court of Appeals granted an administrative stay while it considered the main stay application. On June 12, 2022, the Fifth Circuit denied Louisiana's motion for a stay pending appeal and lifted the administrative stay. 37 F.4th 208. The court held that Louisiana did not make a "strong showing" of likely success on the merits, and rejected the arguments that it was too close to the midterm elections to enact a new map. Further, Louisiana argued that because the Supreme Court was about to decide another case that addressed a Section 2 VRA action, that this case should be stayed pending that ruling. The Fifth Circuit reject that argument, holding that a stay would not be in the interest of judicial efficiency because the case most likely would not have been decided until after the 2022 elections. Louisiana appealed to the Supreme Court for a stay.

On June 28, 2022, the Supreme Court granted the application for a stay and treated the application as a petition for a writ of certiorari before judgment. 142 S.Ct. 2892 (Mem). The Court held the case in abeyance pending their decision in Allen v. Milligan, 599 U.S. 1. The Court decided Milligan on June 8, 2023, and on June 26, 2023, dismissed the writ in this case as "improvidently granted." 143 S.Ct. 2654.

On November 10, 2023, the Fifth Circuit vacated the preliminary injunction, still finding that the plaintiffs were likely to succeed on the merits, but found that the balance of justice had shifted, because the next election was almost a year away. 86 F.4th 574. Therefore, there would be enough time to conduct a trial and for any necessary changes to the redistricting map to take effect in time for the 2024 election. The court gave the Louisiana Legislature until January 15, 2024 to adopt a new map. The court held that it was important to give the the legislature enough time to enact this map under the circumstances because redistricting is "a legislative task which the federal courts should make every effort not to preempt."

On January 22, 2024, Louisiana enacted Senate Bill 8 (S.B. 8), which was a new congressional map with two majority-Black districts.

On April 25, 2024, the Court granted Louisiana's Motion to Dismiss on the basis that the Plaintiffs' claims had become moot due to the enactment of S.B. 8. 731 F.Supp.3d 711. The court held that this case did not fall within the "voluntary cessation" exception of mootness, which requires that a defendant's voluntary discontinuation of conduct make it absolutely clear that the wrongful behavior could not be reasonably expected to recur. The Court held this exception did not apply because Louisiana defended S.B. 8 in Callais v. Landry, entitling them to a presumption of good faith, and thus satisfying their burden of showing the illegal conduct was not likely to recur.

	Document
1 3:22-cv-00211	Complaint Robinson et al. v. Ardoin	March 30, 2022	March 30, 2022 Complaint
82 3:22-cv-00211	Motion for Leave to Intervene Press Robinson v. Ardoin	April 21, 2022	April 21, 2022 Pleading / Motion / Brief
82-1 3:22-cv-00211	Memorandum in Support of Motion of the Louisiana Legislative Black Caucus to Intervene Press Robinson v. Ardoin	April 21, 2022	April 21, 2022 Pleading / Motion / Brief
173 3:22-cv-00211	Ruling and Order	June 6, 2022	June 6, 2022 Order/Opinion 605 F.Supp.3d 759
22-30333	Opinion U.S. Court of Appeals for the Fifth Circuit	June 12, 2022	June 12, 2022 Order/Opinion 37 F.4th 208
21-01596	Opinion Ardoin v. Robinson Supreme Court of the United States	June 28, 2022	June 28, 2022 Order/Opinion 142 S.Ct. 2892
21-01596	Opinion Ardoin v. Robinson Supreme Court of the United States	June 26, 2023	June 26, 2023 Order/Opinion 143 S.Ct. 2654
336-1 22-30333	Opinion U.S. Court of Appeals for the Fifth Circuit	Nov. 10, 2023	Nov. 10, 2023 Order/Opinion 86 F.4th 574
371 3:22-cv-00211	Ruling	April 25, 2024	April 25, 2024 Order/Opinion 731 F.Supp.3d 711

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Kyle Ardoin ( Filing fee $ 402 receipt number ALAMDC-2411580.), filed by Press L Robinson, Sr. (Attachments: # 1 Civil Cover Sheet)(Adcock, John) (Entered: 03/30/2022) 1 Civil Cover Sheet View on PACER	March 30, 2022	March 30, 2022 Clearinghouse
2	Summons Submitted as to Kyle Ardoin (Adcock, John) (Main Document 2 replaced on 4/4/2022) (EDC). Modified on 4/4/2022 to flatten document.(EDC). (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 RECAP
3	Summons Issued as to Kyle Ardoin. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 RECAP
4	Ex Parte MOTION for Amitav Chakraborty to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413255) by All Plaintiffs. (Attachments: # 1 Declaration of Amitav Chakraborty, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
5	Ex Parte MOTION for Adam P. Savitt to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413266) by All Plaintiffs. (Attachments: # 1 Declaration of Adam Savitt, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
6	Ex Parte MOTION for Daniel Sinnreich to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413288) by All Plaintiffs. (Attachments: # 1 Declaration of Daniel Sinnreich, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
7	Ex Parte MOTION for Jonathan H. Hurwitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413291) by All Plaintiffs. (Attachments: # 1 Declaration of Jonathan Hurwitz, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
8	Ex Parte MOTION for Robert A. Atkins to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413292) by All Plaintiffs. (Attachments: # 1 Declaration of Robert Atkins, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
9	Ex Parte MOTION for Yahonnes Sadiki Cleary to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413295) by All Plaintiffs. (Attachments: # 1 Declaration of Yahonnes Cleary, # 2 Cert. of good standing)(Adcock, John) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022
	MOTION(S) REFERRED: 4 Ex Parte MOTION for Amitav Chakraborty to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413255), 7 Ex Parte MOTION for Jonathan H. Hurwitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413291), 9 Ex Parte MOTION for Yahonnes Sadiki Cleary to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413295), 8 Ex Parte MOTION for Robert A. Atkins to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413292), 6 Ex Parte MOTION for Daniel Sinnreich to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413288), 5 Ex Parte MOTION for Adam P. Savitt to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2413266). This motion is now pending before the USMJ. (EDC)	April 5, 2022	April 5, 2022
	Motions Referred	April 5, 2022	April 5, 2022
10	MOTION to Intervene by Clay Schexnayder, Patrick Page Cortez. (Attachments: # 1 Exhibit A, # 2 Proposed Pleading; proposed Answer, # 3 Proposed Pleading; proposed Order)(Mengis, Michael) (Entered: 04/06/2022) 1 Exhibit A View on PACER 2 Proposed Pleading; proposed Answer View on PACER 3 Proposed Pleading; proposed Order View on PACER	April 6, 2022	April 6, 2022
11	ORDER granting 4, 5, 6, 7, 8, 9 Motions to Appear Pro Hac Vice. The following attorneys are enrolled as pro hac vice co-counsel on behalf of Plaintiffs: Amitav Chakraborty, Adam P. Savitt, Daniel Sinnreich, Jonathan H. Hurwitz, Robert A. Atkins and Yahonnes Sadiki Cleary. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/6/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 04/06/2022)	April 6, 2022	April 6, 2022
	Motion to Intervene	April 6, 2022	April 6, 2022
	MOTION to Intervene by Patrick Page Cortez, Clay Schexnayder. This motion was originally filed in 22-cv-214-SDD-SDJ and is moved to 22-cv-211-SDD-SDJ for case management purposes; see doc in 22-cv-211-SDD-SDJ to view image of document. (EDC)	April 6, 2022	April 6, 2022
	MOTION to Intervene by Patrick Page Cortez, Clay Schexnayder. This motion was originally filed in 22-cv-214-SDD-SDJ and is moved to 22-cv-211-SDD-SDJ for case management purposes; see doc in 22-cv-214-SDD-SDJ to view image of document. (EDC) Modified on 4/26/2022 to correct text (LLH).	April 6, 2022	April 6, 2022
	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice	April 6, 2022	April 6, 2022
	MOTION(S) REFERRED: 10 MOTION to Intervene . This motion is now pending before the USMJ. (EDC)	April 7, 2022	April 7, 2022
	Motions Referred	April 7, 2022	April 7, 2022
12	Ex Parte MOTION for Kathryn C. Sadasivan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415282) by All Plaintiffs. (Attachments: # 1 Cert. of good standing, # 2 Declaration of Kathryn C. Sadasivan, # 3 Proposed Order)(Adcock, John) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022
13	Ex Parte MOTION for Leah C. Aden to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415285) by All Plaintiffs. (Attachments: # 1 Cert. of good standing, # 2 Declaration of Leah C. Aden, # 3 Proposed order)(Adcock, John) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022
14	Ex Parte MOTION for Stuart C. Naifeh to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415289) by All Plaintiffs. (Attachments: # 1 Cert. of good standing, # 2 Declaration of Stuart C. Naifeh, # 3 Proposed order)(Adcock, John) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022
15	Ex Parte MOTION for Victoria Wenger to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415292) by All Plaintiffs. (Attachments: # 1 Cert. of good standing, # 2 Declaration of Victoria Wenger, # 3 Proposed Order)(Adcock, John) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022
16	MOTION for Status Conference by Edgar Cage, Martha Davis, Davante Lewis, Clee Earnest Lowe, Dorothy Nairne, National Association for the Advancement of Colored People Louisiana State Conference, Power Coalition for Equity and Justice, Press Robinson, Ambrose Sims, Edwin Rene Soule, Alice Washington. (Attachments: # 1 Memorandum in Support, # 2 [Proposed] Order)(Adcock, John) (Entered: 04/08/2022) 1 Memorandum in Support View on PACER 2 [Proposed] Order View on PACER	April 8, 2022	April 8, 2022
17	ORDER granting 16 Motion for Conference . Video Conference set for 4/13/2022 at 02:30 PM by Zoom video before Chief Judge Shelly D. Dick. Participant instructions will be sent separately by email. Signed by Chief Judge Shelly D. Dick on 4/11/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022
18	Ex Parte MOTION for Katherine L. McKnight to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416032) by Clay Schexnayder. (Attachments: # 1 Exhibit A, # 2 Proposed Pleading; proposed Order)(Mengis, Michael) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022
19	Ex Parte MOTION for Patrick T. Lewis to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416041) by Patrick Page Cortez, Clay Schexnayder. (Attachments: # 1 Exhibit A, # 2 Proposed Pleading; proposed Order)(Mengis, Michael) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022
20	Ex Parte MOTION for Erika D. Prouty to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416052) by Patrick Page Cortez, Clay Schexnayder. (Attachments: # 1 Exhibit A, # 2 Proposed Pleading; proposed Order)(Mengis, Michael) (Entered: 04/11/2022)	April 11, 2022	April 11, 2022
	Order on Motion for Conference	April 11, 2022	April 11, 2022
21	Ex Parte MOTION for John E. Branch, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416355) by Kyle Ardoin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Walsh, John) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
22	Ex Parte MOTION for Thomas A. Farr to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416384) by Kyle Ardoin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Walsh, John) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
23	Ex Parte MOTION for Cassie A. Holt to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416387) by Kyle Ardoin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Walsh, John) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
24	Ex Parte MOTION for Alyssa M. Riggins to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416403) by Kyle Ardoin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Walsh, John) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
25	Ex Parte MOTION for Phillip J. Strach to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2416410) by Kyle Ardoin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Pleading; Proposed Order)(Walsh, John) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
26	Summons Returned Executed as to Kyle Ardoin served on 4/5/2022 (Adcock, John) Modified text to reflect correct eventon 4/13/2022 (JEG). (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 RECAP
27	ORDER: Considering that the above titled actions involve common questions of law and fact, and further that judicial efficiency will be achieved. Civil Action No. 22-211-SDD-RLB and Civil Action No. 22-214-BAJ-RLB shall be reassigned to Chief Judge Shelly D. Dick and Magistrate Judge Scott D. Johnson for all further proceedings. Signed by Chief Judge Shelly D. Dick and Judge Brian A. Jackson on 4/12/2022. (LLH) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
28	ORDER granting 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, and 25 Motions for Kathryn C. Sadasivan, Leah C. Aden, Stuart C. Naifeh, Victoria Wenger, Katherine L. McKnight, Patrick T. Lewis, Erika D. Prouty, John E. Branch, III, Thomas A. Farr, Cassie A. Holt, Alyssa M. Riggins, and Phillip J. Strach to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 4/12/2022. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
29	MOTION for Nora Sam Ahmed to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number BLAMDC-2416787) by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Snider, Megan) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022
	MOTION(S) REFERRED: 12 Ex Parte MOTION for Kathryn C. Sadasivan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415282). This motion is now pending before the USMJ. (JEG)	April 12, 2022	April 12, 2022
	MOTION(S) REFERRED: 13 Ex Parte MOTION for Leah C. Aden to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2415285). This motion is now pending before the USMJ. (JEG)	April 12, 2022	April 12, 2022

Case: Robinson v. Ardoin

3:22-cv-00211 | U.S. District Court for the Middle District of Louisiana

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