Agre v. Wolf

Note: The Brennan Center is not a participant in this case.

Case Background

Four Pennsylvania citizens allege in a suit filed in federal district court that the state’s 2011 congressional map is a partisan gerrymander. The plaintiffs assert that the 2011 plan unlawfully places citizens into congressional districts based upon their likely voting preferences. The plaintiffs also claim that the General Assembly’s plan seeks to influence the political identity of Pennsylvania’s congressional representatives. These actions, the plaintiffs contend, violate the Elections Clause of the U.S. Constitution, as well as the First and Fourteenth Amendment. The plaintiffs have asked the court to redraw the districts before the 2018 congressional elections. 

On November 15, the three-judge panel denied the legislative defendants’ motion to dismiss the plaintiffs’ claim under the Elections Clause. The court dismissed the plaintiffs’ equal protection claim with prejudice and also dismissed their First Amendment claim. The plaintiffs filed an amended First Amendment claim which the court dismissed on November 30.  

The court completed trial in the case on December 7, 2017. 

On January 10, 2018, in a 2–1 judgment, the court rejected the plaintiffs’ remaining claims. The plaintiffs filed a notice of appeal to the Supreme Court on January 18. 

On May 29, the Court dismissed the appeal as moot.

Documents

District Court

• Complaint (October 2, 2017)
• Pretrial Order (October 4, 2017)
• Request for Three Judges (October 5, 2017)
• Pretrial Scheduling Order (October 10, 2017)  
• Motion for Review and Reconsideration of Scheduling Order by Three Judge Panel By Speaker of the Pennsylvania House of Representatives Michael C. Turzai and Pennsylvania Senate President Pro Tempore (October 16, 2017) 
• Order On Application to Convene a Three Judge District Court (October 19, 2017)  
• Order (October 23, 2017) 
• Answer to Plaintiffs’ Complaint with Affirmative Defenses by Governor Wolf, Acting Secretary Torres, and Commissioner Marks (October 23, 2017) 
• Motion to Intervene by Speaker of the Pennsylvania House of Representatives Michael C. Turzai and Pennsylvania Senate President Pro Tempore Joseph B. Scarnati III (October 24, 2017)
• Memorandum of Law In Support of Motion to Intervene by Speaker of the Pennsylvania House of Representatives Michael C. Turazi and Pennsylvania Senate President Pro Tempore Joseph B. Scarnati III (October 24, 2017) 
• Intervenor Defendants’ Motion to Dismiss (October 24, 2017) 
• Proposed Intervenors’ Motion to Amend Pre-Trial Schedule Re: Disclosure of the Identities of Plaintiffs’ Experts as Well As a Brief Summary of Their Contemplated Opinions (October 25, 2017)
• Order (October 25, 2017) 
• Emergency Petition for Writ of Mandamus (October 30, 2017)
• Plaintiffs’ Response in Opposition to Defendant-Intervenors’ Motion to Dismiss (October 31, 2017) 
• Motion to Intervene as Plaintiffs (October 31, 2017) 
• Order (November 3, 2017) 
• Intervenor Defendants’ Reply Brief in Further Support of Their Motion to Dismiss (November 3, 2017)  
• Executive Defendants’ Response to Motion to Intervene as Plaintiffs (November 6, 2017)
• Memorandum of Law in Opposition to the Diamond Group’s Motion to Intervene (November 6, 2017)
• Plaintiffs’ Response in Opposition to Motion to Intervene as Plaintiffs (November 6, 2017)
• Order on Motion to Dismiss (November 7, 2017) 
• Order Regarding Motion to Intervene as Plaintiffs (November 9, 2017) 
• Procedural Order (November 13, 2017)
• Statement of Reasons for the Court’s Decision on the Motion to Dismiss (November 16, 2017) 
• Plaintiffs’ First Amended Complaint – Injunctive Relief Requested (November 17, 2017)
• Legislative Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint (November 22, 2017) 
• Answer of Governor Wolf, Acting Secretary Torres, and Commissioner Marks to Plaintiffs’ First Amended Complaint with Affirmative Defenses (November 22, 2017) 
• Legislative Defendants’ Supplement to Their Motion to Dismiss the Amended Complaint (November 27, 2017)
• Plaintiffs’ Memorandum of Law in Opposition to the Intervenor Defendants’ Motion to Dismiss the Amended Complaint (November 27, 2017) 
• Plaintiffs’ Proposed Findings of Fact (November 29, 2017) 
• Order on the Motion to Dismiss Amended Complaint (November 30, 2017) 
• Memorandum in Support of Legislative Defendants’ Motion for Directed Verdict (December 1, 2017) 
• Legislative Defendants’ Statement of Undisputed Facts and Admissions in Support (December 1, 2017)
• Legislative Defendants’ Motion for Summary Judgment (December 1, 2017) 
• Order for Plaintiffs to Clarify Elements of Proof (December 1, 2017) 
• Plaintiffs’ Statement of the Elements They Must Prove (December 3, 2017)  
• Trial Day 1 Transcript Morning Session (December 4, 2017) 
• Trial Day 1 Transcript Afternoon Session (December 4, 2017)
• Trial Day 2 Transcript Morning Session (December 5, 2017)
• Trial Day 2 Transcript Afternoon Session (December 5, 2017) 
• Trial Day 3 Transcript Morning Session (December 6, 2017) 
• Trial Day 3 Transcript Afternoon Session (December 6, 2017)
• Trial Day 4 Transcript Morning Session (December 7, 2017)
• Trial Day 4 Transcript Afternoon Session (December 7, 2017)
• Memorandum of Law Regarding Senator Scarnati’s Authority (December 6, 2017) 
• Legislative Defendants’ Motion for Judgment Pursuant to Rule 50 or Rule 52(c) (December 6, 2017) 
• Legislative Defendants’ Memorandum of Law in Support of Legislative Defendants’ Motion for Judgment Pursuant to Rule 50 or Rule 52(c) (December 6, 2017)
• Plaintiffs’ Post-Trial Memorandum of Fact and Law (December 15, 2017) 
• Executive Branch Defendants’ Post-Trial Brief (December 15, 2017)
• Legislative Defendants’ Post-Trial Brief (December 15, 2017)
• Final Judgment (January 10, 2018) 
• Memorandum by Honorable Judge Smith (January 10, 2018) 
• Memorandum by Honorable Judge Shwartz (January 10, 2018) 
• Memorandum by Honorable Judge Baylson (January 10, 2018) 
• Notice of Appeal (January 18, 2018) 

U.S. Supreme Court 

Jurisdictional Stage

• Jurisdictional Statement (March 19, 2018) 
• Motion to Dismiss by Appellees Governor Tom Wolf, Acting Secretary of the Commonwealth Robert Torres, and Commissioner Jonathan Marks (April 23, 2018) 
• Motion to Affirm by Appellees Joseph B. Scarnati III and Michael Turzai (April 23, 2018) 
• Response Brief in Opposition to the Motions and Dismiss and Affirm (May 3, 2018) 
• Order (May 29, 2018)