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12-691 - Alabama Legislative Black Caucus, et al v. The State of Alabama, et al (PANEL)(LEAD)


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12-691 - Alabama Legislative Black Caucus, et al v. The State of Alabama, et al (PANEL)(LEAD)
December 26, 2012
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MEMORANDUM OPINION AND ORDER directing that the 7 motion by the Black Caucus for partial summary judgment and for preliminary and permanent injunction as to count one of its complaint is DENIED; the 29 motion by the State defendants for judgment on the pleadings as to count one of the complaint filed by the Black Caucus is GRANTED; the 29 motion by the State defendants for judgment on the pleadings as to count two of that complaint is DENIED; count three of that complaint is DISMISSED WITHOUT PREJUDICE; We GRANT the Black Caucus leave to amend its complaint within 21 days from the date of this order; the 29 motion by the State defendants for judgment on the pleadings as to count three of that complaint is DENIED AS MOOT; as further set out. Signed by Chief Judge William Keith Watkins, United States Circuit Judge William H. Pryor, Jr., and United States District Judge Myron H. Thompson on 12/26/12. (scn, )
April 5, 2013
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MEMORANDUM OPINION AND ORDER: We DENY the 93 Motion to alter or amend our judgment. We sua sponte VACATE our initial 89 order denying the 66 second motion for partial summary judgment and SUBSTITUTE this memorandum opinion and order. We DENY the 66 second motion for a partial summary judgment for the reasons stated in the opinion and order. Signed by Circuit Judge William H Pryor, Jr. and Chief Judge William Keith Watkins on 4/5/2013. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
April 5, 2013
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THOMPSON, District Judge, concurring with 101 Memorandum Opinion and Order. Signed by Honorable Judge Myron H. Thompson on 4/5/2013. (dmn, )
August 2, 2013
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MEMORANDUM OPINION AND ORDER: On consideration of the motions, reply, and response (Docs. 95, 106, 107, 108, 109) as well as supporting and opposing authority, it is ORDERED that the motion by the State defendants for a partial summary judgment as to the claim of partisan gerrymandering in count three of the amended complaint filed by the Black Caucus plaintiffs is GRANTED. We DISMISS the facial challenge under the Equal Protection Clause in count three of the amended complaint filed by the Black Caucus plaintiffs for lack of subject matter jurisdiction. The motion by the Black Caucus plaintiffs for reconsideration of our order denying their motion for a partial summary judgment as to count three of their amended complaint is DENIED. The motion by the Black Caucus plaintiffs for entry of a permanent injunction is DENIED AS MOOT. Signed by Circuit Judge William H. Pryor, Jr., and Chief Judge William Keith Watkins on 8/2/2013. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
August 2, 2013
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THOMPSON, District Judge, concurring in part and dissenting in part with 174 MEMORANDUM OPINION AND ORDER. Signed by Honorable Judge Myron H. Thompson on 8/2/2013. (dmn, )
December 20, 2013
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MEMORANDUM OPINION AND ORDER as further set out in the opinion and order. A separate final judgment will follow. By Circuit Judge William H Pryor, Jr. entered on 12/20/2013. Before PRYOR, Circuit Judge, WATKINS, Chief District Judge, and THOMPSON, District Judge. (dmn, )
December 20, 2013
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THOMPSON, District Judge, dissenting re 203 Memorandum Opinion and Order. By Honorable Judge Myron H. Thompson entered on 12/20/2013. (dmn, )
May 29, 2015
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STATEMENT OF JUDGE THOMPSON: I agree to the adoption of the 53 Order of 12/26/2012. Also, since the majority readopts its opinion and order of 8/2/2013 (doc. no. 174), I readopt my opinion concurring in part and dissenting in part (doc. no. 175). As to the majority's readoption of parts of its order and final judgment of 12/20/2013 (doc. nos. 203 and 205), I did not join in their conclusions that the plaintiffs failed to prove either their claim of vote dilution under § 2 or their claim of intentional discrimination in violation of § 2, the Fourteenth Amendment, and the Fifteenth Amendment, and I do not join in those conclusions today. I also do not join in the majority's readoption of part of their findings of fact, for I did not join in them at the time they were entered. Finally, I do not readopt my dissent (including the factual findings set forth) (doc. no. 204), for I am obligated to reconsider fully the racial gerrymandering claim in light of the legal principles articulated by the Supreme Court. Signed by Honorable Judge Myron H. Thompson on 5/29/2015. (dmn, )
January 20, 2017
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MEMORANDUM OPINION AND ORDER granting judgment for the plfs with respect to Senate District 20, Senate District 26, Senate District 28, House District 32, House District 53, House District 54, House District 70, House District 71, House District 77, House District 82, House District 85, and House District 99, and we ENJOIN the use of these twelve districts in future elections. We GRANT judgment for the defendants with respect to the other 24 challenged districts, as further set out in order. A separate order setting a status conference will follow. BEFORE WILLIAM PRYOR, Circuit Judge, WATKINS, Chief District Judge, and THOMPSON, District Judge entered on 1/20/17. (djy, ).
January 20, 2017
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THOMPSON, District Judge, concurring in part and dissenting in part: re 316 Memorandum Opinion and Order; respectfully dissenting from the majority's conclusion that an additional 12 districts (Senate Districts 23 and 24 and House Districts 52, 55, 56, 57, 60, 67, 68, 69, 83, and 97) are constitutional, as further set out. Signed by Honorable Judge Myron H. Thompson on 1/20/17. (djy, )
October 12, 2017
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MEMORANDUM OPINION AND ORDER DENYING 350 MOTION to Intervene by Kelly and Arnold as untimely filed; further ORDERING that the motion filed by the Black Caucus plaintiffs is DISMISSED for lack of standing with respect to the racial and partisan gerrymandering claims; In the alternative, the Black Caucus plaintiffs' partisan gerrymandering claim is DENIED because the plaintiffs failed to identify a standard for evaluating this claim, as further set out in order. Signed by William H Pryor, Jr., W. Keith Watkins, and Myron H. Thompson on 10/12/17. (Attachments: # (1) civil appeals checklist)(djy, )
October 23, 2017
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JUDGMENT: In accordance with the prior proceedings, opinions, and orders of the court, it is ORDERED, ADJUDGED, and DECREED as follows: (1) As to 2012 Alabama Laws 603, judgment is entered in favor of Plaintiffs and against Defendants with respect to Senate District 20, Senate District 26, and Senate District 28; (2) As to 2012 Alabama Laws 602, judgment is entered in favor of Plaintiffs and against Defendants with respect to House District 32, House District 53, House District 54, House District 70, House District 71, House District 77, House District 82, House District 85, and House District 99; (3) As 2012 Alabama Laws 603 and 2012 Alabama Laws 602, judgment is entered in favor of Defendants and against Plaintiffs with respect to the other 24 challenged districts; and (4) John H. Merrill, as Secretary of the State of Alabama, and his successors in office, are ENJOINED from conducting any election under 2012 Alabama Laws 603, for a senator of the Alabama Senate from Senate District 20, Senate District 26, and Senate District 28, and from conducting any election under 2012 Alabama Laws 602 for a representative to the Alabama House of Representatives from House District 32, House District 53, House District 54, House District 70, House District 71, House District 77, House District 82, House District 85, and House District 99. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Federal Rule of Civil Procedure 58. Signed by Circuit Judge William H. Pryor, Jr., Chief Judge William Keith Watkins, & District Judge Myron H. Thompson on 10/23/2017. (kh, ) Modified on 10/24/2017 to clarify text to reflect all names of judges signing order (qc/djy, ).