Litigation in the 2010 cycle

(Click here for a summary of litigation in the 2000 cycle.)

Redistricting status map

Suit filed  
All suits resolved  

Note: Under federal law, a three-judge federal trial court hears constitutional challenges to federal or state legislative districts or requests for preclearance, and these decisions are appealed directly to the U.S. Supreme Court. Federal appellate courts therefore tend to get involved only when there is no constitutional challenge or judicial preclearance request, or when only local districts are challenged.

  • Pennsylvania

    Garcia v. 2011 Legis. Apportionment Comm'n, No. 2:12-cv-00556 (E.D. Pa.) & No. 13-2319 (3d Cir.): a challenge in federal court to the state legislative districts, based on the state Supreme Court's order that the 2001 legislative map be used as an interim map for the 2012 elections, and alleged equal population violations that would result.
         - Trial court
              - Complaint (Feb. 2, 2012).
              - Motion for TRO (Feb. 6).
                   - Opinion denying plaintiffs' motion for injunctive relief (Feb. 8).
              - Motion to dismiss by Commission (July 2), opposition (Aug. 15), reply (Sept. 7).
              - Motion to dismiss by SoS (Aug. 13), opposition (Sept. 7), reply (Sept. 20).
                   - Amicus brief by Rep. Turzai (Oct. 4).
              - Motion for preliminary injunction (exhibits) (June 29).
                   - Amicus brief by Sen. Pileggi (July 17).
                   - Opposition by Commission (Aug. 15), SoS (Aug. 13), reply (Sept. 7).
              - Plaintiffs' supp. memo re special master (Jan. 25, 2013).
                   - Response by Commission (Feb. 8), SoS (Feb. 7).
                   - Amicus memos by Costa, Pileggi, Turzai (Feb. 8).
              - Opinion dismissing case (Apr. 5).
         - Court of appeals

    The latest: On February 8, the court denied plaintiffs' motion for injunctive relief, finding the election process too thoroughly underway to alter or postpone. On June 29, the plaintiffs moved for a preliminary injunction limiting officeholders elected under the 2001 plan to a one-year term; on April 5, 2013, the court denied relief and granted defendants' motion to dismiss. The case has been appealed.

    In re: Petitions for Review Challenging the Final 2011 Reapportionment Plan Dated June 8, 2012, Nos. 126-134-MM-2012 and Nos. 39-42-WM-2012 (Pa. Sup. Ct.): a challenge in state court to the state legislative districts promulgated for 2014 and beyond.
         - Comm'n omnibus response to all petitions (app. 1, 2, 3, 4) (Aug. 20, 2012).
              - Replies by Baylor (Sept. 3), Holt (Aug. 27), Shapiro (Aug. 31).
         - Amicus briefs by Pileggi, Turzai (Aug. 20).
              - Response by Baylor (Aug. 21).
         - Opinion approving maps (concurring opinion) (May 8, 2013).
    The latest: On May 8, 2013, the state Supreme Court dismissed the challenges, approving the legislative districts for 2014 and beyond.

    • Baylor v. 2011 Legis. Reapportionment Comm'n, No. 126-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 3, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Sabatina v. 2011 Legis. Reapportionment Comm'n, No. 127-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh. A, B-H) (July 5, 2012).
         - Brief (exh.) (Aug. 1).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Schiffer v. 2011 Legis. Reapportionment Comm'n, No. 128-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 6, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Costa v. 2011 Legis. Reapportionment Comm'n, No. 39-WM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh. A, B, C, D) (July 6, 2012).
         - Brief (app. 1, 2, 3) (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Amadio v. 2011 Legis. Reapportionment Comm'n, No. 40-WM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Lattanzi v. 2011 Legis. Reapportionment Comm'n, No. 41-WM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 9, 2012).
         - Brief (Aug. 1).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Vargo v. 2011 Legis. Reapportionment Comm'n, No. 42-WM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Kim v. 2011 Legis. Reapportionment Comm'n, No. 129-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Brown v. 2011 Legis. Reapportionment Comm'n, No. 130-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh.) (July 9, 2012).
         - Brief (Aug. 2).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Doherty v. 2011 Legis. Reapportionment Comm'n, No. 131-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh. A, B, C, D, E, F, G, H, J, K, M; app. A, B) (July 9, 2012).
         - Brief (exh.) (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Cruz v. 2011 Legis. Reapportionment Comm'n, No. 132-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh.) (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Holt v. 2011 Legis. Reapportionment Comm'n, No.133-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (exh. A, B, C, D, E, F) (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

    Shapiro v. 2011 Legis. Reapportionment Comm'n, No. 134-MM-2012 (Pa. Sup. Ct.): a challenge in state court to the 2014 state legislative districts.
         - Petition for review (July 9, 2012).
         - Brief (Aug. 6).
    The latest: On July 10, 2012, this case was consolidated with the other challenges.

  • Smith v. Aichele, No. 2:12-cv-00488 (E.D. Pa.): a challenge in federal court to the state legislative districts, based on the state Supreme Court's order that the 2001 legislative map be used as an interim map for the 2012 elections, and alleged equal population violations that would result.
         - Complaint (Jan. 30, 2012).
         - Opinion denying plaintiffs' motion for a three-judge court (Feb. 8).
         - Notice of voluntary dismissal (May 30).
         - Order of dismissal (May 31).
    The latest: On February 8, the court denied plaintiffs' motion for a three-judge court, finding the question of remedy insubstantial because the election process was too thoroughly underway to alter or postpone.

    Pileggi v. Aichele, No. 2:12-cv-00588 (E.D. Pa.): a challenge in federal court to the state legislative districts, based on the state Supreme Court's order that the 2001 legislative map be used as an interim map for the 2012 elections, and alleged equal population violations that would result.
         - Complaint (Feb. 3, 2012).
         - Motion for TRO/injunction (Feb. 3).
              - Intervenors' opposition (Feb. 6), reply (Feb. 7).
         - Intervenors' motion to dismiss (Feb. 6).
         - Opinion denying plaintiffs' motion for injunctive relief (Feb. 8).
         - Notice of voluntary dismissal (Mar. 15).
    The latest: On February 8, the court denied plaintiffs' motion for injunctive relief, finding the election process too thoroughly underway to alter or postpone.

    Holt v. 2011 Legislative Reapportionment Comm'n, No. 7-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012) (and exhibits A, B, C, D, E, F, G).
         - Motion to dismiss (Alosi, Baylor) (Jan. 12).
         - Motion to dismiss (Bradley, Coles, Comitta, Costa, Kim, Kortz, Scoda) (Jan. 12).
         - Merits briefs by
              - Commission (app. 1, 2).
              - Alosi, Baylor, Bradley, Coles, Comitta.
              - Costa (att., app. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12).
              - Holt (app.), Kim, Kortz, Schiffer (att. 1A, 1B, 2), Scoda, Zayas.
         - Order (and dissent) granting petitions and rejecting map (Jan. 25).
         - Opinion supporting Jan. 25 order (concur/dissent I, II, dissent) (Feb. 3).
    The latest: On January 25, the state Supreme Court granted the petitions and rejected the legislative map; on February 3, it issued an opinion explaining that decision on grounds that the lines violated state constitutional requirements of compactness and adherence to the integrity of political subdivisions. The politician commission will now have to redraw state legislative lines; in the meantime, the 2001 plan will govern. Under the court's order, candidates must submit nomination petitions by February 16.

    • Comitta v. 2011 Legislative Reapportionment Comm'n, No. 2-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission, based on allegedly improper splitting of political subdivisions.
         - Petition for review (Jan. 10, 2012).
    The latest: A petition for review of the state lines was filed on January 10. This case has been consolidated with the Holt case, above.

    Scoda v. 2011 Legislative Reapportionment Comm'n, No. 3-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission, based on allegedly improper splitting of political subdivisions.
         - Petition for review (Jan. 10, 2012).
    The latest: A petition for review of the state lines was filed on January 10. This case has been consolidated with the Holt case, above.

    Schiffer v. 2011 Legislative Reapportionment Comm'n, No. 4-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission, based on allegedly improper splitting of political subdivisions.
         - Petition for review (Jan. 10, 2012).
    The latest: A petition for review of the state lines was filed on January 10. This case has been consolidated with the Holt case, above.

    Coles v. 2011 Legislative Reapportionment Comm'n, No. 5-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Kim v. 2011 Legislative Reapportionment Comm'n, No. 6-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Holt v. 2011 Legislative Reapportionment Comm'n, No. 7-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012) (and exhibits A, B, C, D, E, F, G).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Bradley v. 2011 Legislative Reapportionment Comm'n, No. 8-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Baylor v. 2011 Legislative Reapportionment Comm'n, No. 9-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012) and amd. petition (Jan. 17).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Alosi v. 2011 Legislative Reapportionment Comm'n, No. 10-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Zayas v. 2011 Legislative Reapportionment Comm'n, No. 17-MM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

    Costa v. 2011 Legislative Reapportionment Comm'n, No. 1-WM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission, based on allegedly improper splitting of political subdivisions.
         - Petition for review (Jan. 10, 2012) (and exhibits A, B).
         - Application to supplement petition (Jan. 24).
    The latest: A petition for review of the state lines was filed on January 10. This case has been consolidated with the Holt case, above.

    Kortz v. 2011 Legislative Reapportionment Comm'n, No. 4-WM-2012 (Pa. Sup. Ct.): a challenge in state court on state constitutional grounds to the state legislative map passed by Pennsylvania's politician commission.
         - Petition for review (Jan. 11, 2012).
    The latest: A petition for review of the state lines was filed on January 11. This case has been consolidated with the Holt case, above.

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