Agre v. Wolf
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. The plaintiffs have also requested a three-judge panel to be convened to hear the case.
The court will hold a pretrial conference on October 10.
Following a scheduling conference, the order entered an order that directed the defendants filed an answer or otherwise respond to the complaint by October 24.
The court also directed that Republican legislative leaders, who have indicated an intention to intervene, file their motion to intervene and answer the complaint or otherwise respond or move to stay the case by October 24.
In addition, the court scheduled a pretrial hearing for November 7 and announced that trial would start on December 5.
On November 15, the three-judge panel denied the legislative defendants' motion to dismiss the plaintiffs' claim under the Elections Clause. However, the court dismissed the plaintiffs' equal protection claim with prejudice and also dismissed their First Amendment claim, but gave the plaintiffs the opportunity to file an amended claim under the First Amendment.
District Court Documents
- 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)
- 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)