League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania
March 19, 2018
[1]
Case Background
The League of Women Voters of Pennsylvania and a group of Democratic Pennsylvania voters filed suit on June 15, 2017 to have the state’s 2011 congressional map invalidated as an unconstitutional partisan gerrymander under the state constitution.
The plaintiffs are seeking a declaration that the plan discriminates against Democratic voters in violation of the Pennsylvania Constitution’s Free Expression and Association Clauses (Art. I, §§ 7, 20), Equal Protection Guarantees (Art I, §§ 1, 26), and Free and Equal Clause (Art I, §5).
In addition to asking that the state be blocked from using the map for future elections, the plaintiffs ask that the Pennsylvania General Assembly be enjoined from considering political data, including party membership, registration, affiliation, political activities, in drawing future maps if such use would penalize or burden a group or individual voters based on their political beliefs.
After the Commonwealth Court of Pennsylvania granted the General Assembly’s application to stay all proceedings pending the U.S. Supreme Court’s decision in Gill v. Whitford [2], the plaintiffs filed an application with the Pennsylvania Supreme Court asking that the court assume extraordinary jurisdiction over the case to ensure a resolution in time for the 2018 elections. The Pennsylvania Supreme Court granted the plaintiffs’ application and ordered the Commonwealth court to hold trial in the case and file findings of fact and conclusions of law by December 31, 2017.
On January 22, 2018 the Pennsylvania Supreme Court struck down the 2011 congressional map as unconstitutional and enjoined the map for 2018 elections. The court ordered that the General Assembly submit a new congressional plan to the court with the governor's approval by February 15. The court also appointed Stanford Law Professor Nathaniel Persily to advise the court regarding a remedial plan.
The legislative defendants filed an application for stay of the court's order and filed an emergency application for stay at the U.S. Supreme Court. The Pennsylvania Supreme Court denied the legislative defendants' application for stay on January 23. On February 5, Justice Alito denied the legislative respondents' request for a stay.
On February 2, Respondents Michael C. Turzai and Joseph B. Scarnati III filed an application at the Supreme Court of Pennsylvania to disqualify Justice Wecht from the case and to require full disclosure by Justice Donohue of information that may be relevant to her potential recusal. On February 5, Justice Wecht denied the respondents' application seeking his disqualification.
On February 13, Governor Tom Wolf rejected the congressional map proposed by Republican legislative leaders because it did not comply with either the Court’s January 22 Order or the state constitution. Governor Wolf wrote in a letter to the court that the proposed map was an impermissible partisan gerrymander pushed forward by the Republican legislative leaders, and not passed by the full General Assembly.
Because the legislature and the governor did not agree on a map, the Pennsylvania Supreme Court released a new congressional map, which it directed be used in the 2018 elections.
On February 22, Pennsylvania legislative leaders filed an application asking the Pennsylvania Supreme Court to stay its ruling. The court denied the legislative leaders' application for stay on February 27. The legislative leaders filed a second application for stay at the U.S. Supreme Court the same day. On March 19, the Court denied the legislative leaders' second application for stay.
Commonwealth Court (original action)
- Petition for Review [3] (June 15, 2017)
- Respondents Pennsylvania General Assembly, Michael B. Turzai, and Joseph B. Scarnati III's Application to Stay [4] (August 9, 2017)
- Respondents Pennsylvania General Assembly, Michael B. Turzai, and Joseph B. Scarnati III's Brief in Support of Application to Stay [5] (August 9, 2017)
- Application for Leave to Intervene [6] (August 10, 2017)
- Preliminary Objections of Respondent Governor Tom Wolf to Petition for Review [7] (August 10, 2017)
- Answer and New Matter of Secretary of the Commonwealth Pedro A. Cortes and Commissioner of Elections Johnathan Marks for Petition to Review [8] (August 10, 2017)
- Preliminary Objections of the Commonwealth of Pennsylvania [9] (August 18, 2017)
- Respondents Pennsylvania General Assembly, Michael B. Turzai, and Joseph B. Scarnati III's Preliminary Objections [10] (August 14, 2017)
- Lieutenant Governor Michael J. Stack III"s Response to Petition to Review [11] (August 18, 2017)
- Order Scheduling a Hearing for Respondents Pennsylvania General Assembly Application to Stay and Application to Intervene [12] (August 22, 2017)
- Answer of Secretary of the Commonwealth Pedro A. Cortes and Commissioner of Elections Johnathan Marks in Opposition to Application to Stay [13] (August 23, 2017)
- Respondent Governor Tom Wolf's Answer to Application to Stay [14](August 23, 2017)
- Respondent Lieutenant Governor Michael J. Stack III's Answer to Application to Stay [15] (August 28, 2017)
- Petitioners' Answer to Application to Stay Case Pending the U.S. Supreme Court's Ruling in Gill v. Whitford [16] (August 28, 2017)
- Petitioners' Brief in Opposition to Application to Stay Case Pending the U.S. Supreme Court's Ruling in Gill v. Whitford [17](August 28, 2017)
- Petitioners' Answer to Preliminary Objections of Respondent Governor Tom Wolf [18] (September 8, 2017)
- Respondents Pennsylvania General Assembly, Michael B. Turzai, and Joseph B. Scarnati III's Answer to Governor Tom Wolf's Preliminary Objections [19] (September 11, 2017)
- Petitioners' Answer to the Preliminary Objections of the Commonwealth of Pennsylvania [20](September 12, 2017)
- Petitioners' Reply to New Matter of Respondents Secretary of the Commonwealth Pedro A. Cortes and Commissioner of Elections Jonathan Marks for Petition to Review [21] (September 12, 2017)
- Petitioners' Praecipe to Provide Supplemental Authority in Opposition to the Application to Stay [22](September 12, 2017)
- Petitioners' Motion for a Scheduling Conference and to Expedite Argument [23] (September 12, 2017)
- Respondents Pennsylvania General Assembly, Michael B. Turzai, and Joseph B. Scarnati III's Reply Brief in Support of Their Application to Stay All Proceedings [24](September 25, 2017)
- Petitioners' Application for Leave to File Surreply in Further Opposition to Application to Stay Pending the U.S. Supreme Court's Ruling in Gill v. Whitford [25] (September 28, 2017)
- Brief in Support of Proposed Intervenors' Application for Leave to Intervene [26](September 29, 2017)
- Order Granting Application to Stay [27] (October 16, 2017)
Supreme Court of Pennsylvania (request for extraordinary relief)
- Petitioners' Application for Extraordinary Relief [28] (October 11, 2017)
- Respondents Pennsylvania General Assembly, Michael C. Turzai, and Joseph B. Scarnati III's Answer to Petitioners' Application for Extraordinary Relief [29] (October 20, 2017)
- Proposed Intervenors' Answer to Petitioners' Application for Extraordinary Relief [30](October 23, 2017)
- Respondent Michael J. Stack III's Answer to Application for Extraordinary Relief [31] (October 23, 2017)
- Acting Secretary of the Commonwealth Robert Torres and Commissioner of Elections Jonathan Marks' No Answer Letter to Petitioners' Application for Extraordinary Relief [32] (October 23, 2017)
- Governor Tom Wolf's No Answer Letter to Petitioners' Application for Extraordinary Relief [33](October 23, 2017)
- Order Granting Application for Extraordinary Relief [34](November 9, 2017)
- Notice of Filing of Notice of Removal by Respondent Joseph B. Scarnati III [35] (November 15, 2017)
U.S. District Court for the Eastern District of Pennsylvania (on removal)
- Notice of Removal by Respondent Joseph B. Scarnati III [36] (November 14, 2017)
- Plaintiffs' Emergency Motion to Remand [37] (November 16, 2017)
- Notice of Hearing on Emergency Motion to Remand [38](November 16, 2017)
- Motion for Expedited Remand by Defendant Michael J. Stack III [39](November 16, 2017)
- Certificate of Concurrence and Nonconcurrence [40] (November 16, 2017)
- Emergency Motion to Withdraw Notice of Removal [41] (November 16, 2017)
- Order Granting Emergency Motion to Withdraw Notice of Removal [42] (November 16, 2017)
- Response to Emergency Motion to Withdraw Notice of Removal by Defendant Michael C. Turazi [43](November 16, 2017)
Commonwealth Court (on instruction from Supreme Court of Pennsylvania)
- Order [44] (November 13, 2017)
- Order [45] (November 16, 2017)
- Intervenors' Answer to Petition for Review and New Matter [46] (November 17, 2017)
- Supplemental Scheduling Order [47] (November 17, 2017)
- Memorandum and Order [48] (November 22, 2017)
- Expert Report of Jowei Chen [49] (November 27, 2017)
- Expert Report of Christopher Warshaw [50] (November 27, 2017)
- Expert Report of Wesley Pegden [51] (November 27, 2017)
- Expert Report of John J. Kennedy [52] (November 27, 2017)
- Expert Report of Wendy Tao Chao [53] (December 4, 2017)
- Expert Report of Nolan McCarty [54] (December 4, 2017)
- Expert Report of James G. Gimpel [55] (December 4, 2017)
- Trial Transcript [56] (December 11, 2017)
- Trial Transcript [57] (December 12, 2017)
- Trial Transcript [58](December 13, 2017)
- Trial Transcript [59] (December 14, 2017)
- Petitioners' Post-Trial Proposed Findings of Fact and Conclusions of Law [60](December 18, 2017)
- Post-Trial Proposed Findings of Fact and Conclusions of Law of Respondent Michel J. Stack III [61] (December 18, 2017)
- Intervenors' Post-Trial Proposed Findings of Fact and Conclusions of Law [62] (December 18, 2017)
- Post-Trial [63]Proposed Findings of Fact and Conclusions of Law of Respondents Wolf, Torres, and Marks [64] [63](December 18, 2017)
- Post-Trial Brief of the General Assembly of the Commonwealth of Pennsylvania [65] (December 18, 2017)
- Post-Trial [66]Proposed Findings of Fact and Conclusions of Law of Legislative Respondents [67] (December 18, 2017)
- Recommended Findings of Fact and Conclusions of Law [68] (December 29, 2017)
Supreme Court of Pennsylvania (merits briefing)
- Order Granting Oral Argument [69] (December 29, 2017)
- Briefing Scheduling [70] (December 29, 2017)
- Petitioners' Opening Brief [71] (January 5, 2018)
- Amicus Brief of the Brennan Center for Justice in Support of Petitioners [72] (January 5, 2018)
- Amicus Brief of Bernard Grofman and Keith Gaddie in Support of Neither Party [73] (January 5, 2018)
- Amicus Brief of Political Science Professors in Support of Petitioners [74] (January 5, 2018)
- Amicus Brief of The Pittsburgh Foundation in Support of Petitioners [75] (January 5, 2018)
- Amicus Brief of Pennsylvania AFL-CIO and Other Pennsylvania Unions in Support of Petitioners [76] (January 5, 2018)
- Amicus Brief of Common Cause in Support of Petitioners [77] (January 5, 2018)
- Amicus Brief of the ACLU and the ACLU of Pennsylvania in Support of Petitioners [78] (January 5, 2018)
- Amicus Brief of Campaign Legal Center in Support of Petitioners [79](January 5, 2018)
- Brief of Respondents Governor Tom Wolf, Acting Secretary Robert Torres, and Commissioner Johnathan Marks [80] (January 10, 2018)
- Brief of Respondent Lt. Gov. Michael J. Stack III [81](January 10, 2018)
- Brief of Respondents Speaker Michael C. Turzai and Senate President Pro-Tempore Joseph Scarnati III [82] (January 10, 2018)
- Brief for Intervenors [83] (January 10, 2018)
- Petitioners' Reply Brief [84] (January 12, 2018)
- Order [85](January 22, 2018)
- Concurring and Dissenting Statement by Justice Baer [86](January 22, 2018)
- Dissenting Statement by Chief Justice Saylor [87] (January 22, 2018)
- Dissenting Statement by Justice Mundy [88] (January 22, 2018)
- Application for Stay of Court's Order of January 22, 2018 by Respondents/Appellees Michael C. Turzai and Joseph B. Scarnati III [89] (January 23, 2018)
- Application of Intervenors For Relief to Stay the Court's January 22, 2018 Order [90] (January 23, 2018)
- Answer of Respondent Lt. Governor Michael J. Stack III Answer to Applications for Stay [91](January 24, 2018)
- Answer of Petitioners to Legislative Respondents' and Intervenors' Applications for Stay [92] (January 25, 2018)
- Answer of Respondents Governor Tom Wolf, Acting Secretary Robert Torres, and Commissioner Jonathan Marks to Legislative Defendants' and Intervenors' Applications for Stay of Court's Order of January 22, 2018 [93] (January 25, 2018)
- Order Denying Application for Stay [94] (January 25, 2018)
- Concurring and Dissenting Statement [95] (January 26, 2018)
- Order [96] (January 26, 2018)
- Letter of Intervenors in Response to the Court's January 26 Order [97] (January 29, 2018)
- Letter of Petitioners in Response to the Court's January 26 Order [98](January 30, 2018)
- Letter of Executive Branch in Response to the Court's January 26 Order [99](January 30, 2018)
- Letter of the Pennsylvania General Assembly in Response to the Court's January 26 Order [100](January 31, 2018)
- Letter of Senator Joseph B. Scarnati III in Response to the Court's January 26 Order [101](January 31, 2018)
- Letter of Lt. Gov. Stack in Response to the Court's January 26 Order [102] (January 31, 2018)
- Letter of Speaker of the House Michael C. Turzai to the Court's January 26 Order [103](January 31, 2018)
- Application of Respondents Michael C. Turzai and Joseph B. Scarnati III for Disqualification of Justice David Wecht and for Full Disclosure by Justice Christine Donohue [104] (February 2, 2018)
- Order [105](February 2, 2018)
- Application of Respondents Michael C. Turzai and Joseph B. Scarnati III for a Hearing on Their Application for Disqualification for Justice David Wecht and for Full Disclosure by Justice Christine Donohue [106](February 4, 2018)
- Amicus Brief of Concerned Citizens for Democracy [107] (February 4, 2018)
- Intervenors' Concurrence to Legislative Respondents' Application for Disqualification [108] (February 5, 2018)
- Answer of Respondent Lt. Governor Michael J. Stack III to Application for Disqualification of Justice David Wecht and for Full Disclosure by Justice Christine Donohue [109] (February 5, 2018)
- Answer of Petitioners to Legislative Respondents' Application for Disqualification of Justice Wecht and for Full Disclosure by Justice Christine Donohue [110] (February 5, 2018)
- Answer of Respondents Governor Tom Wolf, Acting Secretary Robert Torres, and Commissioner Johnathan Marks to Legislative Respondents' Application for Disqualification of Justice Wecht and for Full Disclosure by Justice Christine Donohue [111] (February 5, 2018)
- Notice of Disclosure of Justice Mundy [112] (February 5, 2018)
- Response of Justice Christine Donohue to the Application of Respondents Michael C. Turzai and Joseph B. Scarnati III for Full Disclosure [113] (February 5, 2018)
- Order Denying a Hearing on the Application of Respondents Michael C. Turzai and Joseph B. Scarnati III for Full Disclosure by Justice Christine [114] (February 5, 2018)
- Application of Respondents Michael C. Turzai and Joseph B. Scarnati II for Leave to File Reply Brief in Support of Their Application for Disqualification of Justice David Wecht and For Full Disclosure by Justice Christine Donohue [115] (February 5, 2018)
- Memorandum and Order of Justice Wecht Denying the Application of Respondents for Disqualification of Justice David Wecht and for Full Disclosure by Justice Christine Donohue [116](February 5, 2018)
- Order Denying a Hearing on the Application of Respondents Michael C. Turzai and Joseph B. Scarnati III for Disqualification of Justice David Wecht [117] (February 5, 2018)
- Majority Opinion [118] (February 7, 2018)
- Concurring and Dissenting Opinion by Justice Baer [119] (February 7, 2018)
- Dissenting Opinion by Justice Mundy [120] (February 7, 2018)
- Dissenting Opinion by Justice Saylor [121] (February 7, 2018)
Supreme Court of Pennsylvania (remedial plan process)
- Brief of Respondents Michael C. Turzai and Joseph Scarnati III in Support of Proposed Remedial Congressional Districting Map [122] (February 9, 2018)
- Letter of Governor Tom Wolf Regarding the General Assembly's Failure to Submit a Proposed Redistricting Plan [123] (February 13, 2018)
- Proposed Remedial Map of Petitioners [124] (February 15, 2018)
- Proposed Remedial Map of Governor Tom Wol [125]f [126] (February 15, 2018)
- Proposed Remedial Map of Lt. Governor Michael J. Stack III [127] (February 15, 2018)
- Proposed Remedial Map of the Democratic House Caucus [128] (February 15, 2018)
- Proposed Remedial Map of Intervenors [129] (February 15, 2018)
- Proposed Remedial Map of Senate Democratic Caucus [130] (February 15, 2018)
- Proposed Remedial Map of Concerned Citizens for Democracy [131](February 15, 2018)
- Proposed Remedial Maps and Amicus Brief of Adele Schneider and Stephen Wolf [132] (February 15, 2018)
- Proposed Remedial Map and [133]Motion for Leave to File Amicus Brief of Fair Democracy [134] (February 15, 2018)
- Petition to File Amicus Brief of the American Civil Rights Union [135] (February 15, 2018)
- Application for Leave to File an Amicus Brief of Concerned Citizens for Democracy in Response to the Congressional Map Proposed by Joseph B. Scarnati III and Michael C. Turzai [136] (February 15, 2018)
- Application of Respondents Acting Secretary Robert Torres and Commissioner Jonathan Marks for Approval of Election Calendar Adjustments [137](February 15, 2018)
- Per Curiam Opinion and Order Adopting Remedial Plan [138] (February 19, 2018)
- Dissenting Opinion by Chief Justice Saylor [139] (February 19, 2018)
- Dissenting Opinion by Justice Baer [140] (February 19, 2018)
- Dissenting Opinion by Justice Mundy [141] (February 19, 2018)
- Report on Political Subdivision Splits in Remedial Plan [142] (February 19, 2018)
- Report on Population Deviations in Remedial Plan [143] (February 19, 2018)
- Report on Compactness of Districts in Remedial Plan [144] (February 19, 2018)
- Application for Stay of Court’s Orders by Respondents Michael C. Turzai and Joseph Scarnati III [145] (February 22, 2018)
- Petitioners' Answer to Legislative Respondents' Second Application for Stay [146] (February 26, 2018)
- Answer of Respondents Governor Tom Wolf, Acting Secretary Robert Torres, and Commissioner Johnathan Marks to Legislative Respondents' and Intervenors' Applications for Stay of Court's Orders of January 22, 2018 and February 19, 2018 [147](February 26, 2018)
- No Answer to Application for Stay of Court's Orders of January 22, 2018 and February 19, 2018 of Respondent Lt. Governor Michael J. Stack III [148](February 26, 2018)
- Order Denying Application for Stay [149] (February 27, 2018)
U.S. Supreme Court (January 2018 stay motions)
Turzai v. League of Women Voters of Pennsylvania (17-A-795)
- Emergency Application for Stay Pending Resolution of Appeal to This Court [150](January 25, 2018)
- Motion for Leave to File Amicus Brief for the Republican Party of Pennsylvania [151] (January 29, 2018)
- Motion for Leave to File Amicus Brief for Secretaries of State [152] (January 29, 2018)
- Motion for Leave to File Amicus Brief of Members of Congress for the Commonwealth of Pennsylvania [153] (January 29, 2018)
- Legislative Respondents’ Letter to Justice Alito [154] (January 29, 2018)
- Motion for Leave to File Amicus Brief for Mike Kelly, Scott Perry, Glenn Thompson, Ryan Costello, Patrick Meehan, Bill Shuster, Tom Marino, Lou Barletta, Keith Rothfus, Charles Dent, and Lloyd Smucker in Support of Applicants [155] (January 29, 2018)
- Motion for Leave to File Amicus Brief for the States of Arizona, Kansas, Louisiana, Michigan, Missouri, South Carolina, Texas, Utah, and North Carolina, through Philip E. Berger, President Pro Tempore, North Carolina Senate, and Timothy K. Moore, Speaker, North Carolina House of Representatives, in Support of Applicants' Request for a Stay [156] (February 1, 2018)
- Response of Michael J. Stack III in [157]Opposition to Emergency Application for Stay Pending Resolution of Appeal to This Court [158] (February 2, 2018)
- Response of [159]Plaintiffs-Respondents in Opposition to Applications for Stay Pending the Disposition of Petitions for a Writ of Certiorari [160] [159](February 2, 2018)
- Response of Executive Branch in Opposition to Emergency Application for Stay Pending Resolution of Appeal to this Court [161](February 2, 2018)
- Applicants' Reply to Plaintiffs-Respondents' Response on Application for Stay Pending Resolution of Appeal to This Court [162] (February 3, 2018)
- Order Denying Application for Stay (February 5, 2018)
McCann v. League of Women Voters of Pennsylvania (17-A-802)
- Emergency Application for Stay Pending Resolution of Appeal to This Court [163] (January 29, 2018)
- Response of Michael J. Stack III in Opposition to Emergency Application for Stay Pending Resolution of Appeal to This Court [164] (February 2, 2018)
- Response of [159]Plaintiffs-Respondents in Opposition to Applications for Stay Pending the Disposition of Petitions for a Writ of Certiorari [160] [159](February 2, 2018)
- Response of Executive Branch in Opposition to Emergency Application for Stay Pending Resolution of Appeal to this Court [161](February 2, 2018)
- Applicants' Reply to Plaintiffs-Respondents' Response on Application for Stay Pending Resolution of Appeal to This Court [162] (February 3, 2018)
- Order Denying Application for Stay (February 5, 2018)
U.S. Supreme Court (February 2018 stay motion)
Turzai v. League of Women Voters of Pennsylvania (17-A-909)
- Emergency Application for Stay Pending Resolution of Appeal to This Court [165](February 27, 2018)
- Motion for Leave to File Amicus Brief of Dick Thornburgh and Bill McCollum in Support of Application for Stay Pending Resolution of Petition for a Writ of Certiorari [166](March 2, 2018)
- Motion for Leave to File Amicus Brief of Eagle Forum Education & Legal Defense Fund in Support of Applicants [167] (March 5, 2018)
- Motion for Leave to File Amicus Brief of American Civil Rights Union in Support of Emergency Application for Stay [168] (March 5, 2018)
- Motion for Leave to File Amicus Brief of the Republican Party of Pennsylvania [169](March 5, 2018)
- Response in Opposition to Emergency Application for Stay Pending Resolution of Appeal to this Court by Lt. Gov. Michael J. Stack III [170] (March 5, 2018)
- Motion for Leave to File Amicus Brief Dick Thornburgh and Bill McCollum in Support of Emergency Application for Stay on 8 1/2 x 11 Paper [171](March 5, 2018)
- Answer of State Court Intervenors to the Emergency Application of Senator Scarnati and Representative Turzai for a Stay Pending Appeal [172](March 5, 2018)
- Plaintiffs-Respondents' Response in Opposition to Emergency Application for Stay Pending the Disposition of Petition for a Writ of Certiorari [173](March 5, 2018)
- Response in Opposition to Emergency Application for Stay Pending Resolution of Appeal to this Court by Governor Tom Wolf [174] (March 5, 2018)
- Applicants' Reply in Support of Emergency Application for Stay Pending Resolution of Appeal to this Court [175] (March 6, 2018)
- Order Denying Application for Stay [176] (March 19, 2018)
Redistricting [177]