Litigation in the 2010 cycle
(Click here for a summary of litigation in the 2000 cycle.)
- U.S. Supreme
Federal appellate
1st Circuit
2d Circuit
3d Circuit
4th Circuit
5th Circuit
6th Circuit
7th Circuit
8th Circuit
9th Circuit
10th Circuit
11th Circuit
DC Circuit
Individual states
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
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.
- Virginia
Commonwealth of Virginia v. Holder, No. 1:12-cv-00148 (D.D.C.): an action in federal court requesting preclearance of Virginia's congressional districts.
- Complaint (Jan. 27, 2012).
- Administrative preclearance notice (Mar. 14).
- Notice of voluntary dismissal (Mar. 15).
The latest: After congressional districts were precleared, the case was dismissed on March 15, 2012.Commonwealth of Virginia v. Holder, No. 1:11-cv-00885 (D.D.C.): an action in federal court requesting preclearance of Virginia's state legislative districts, in parallel to the state's attempt to preclear maps through the DOJ's administrative process.
- Complaint (May 9, 2011).
The latest: After state legislative districts were precleared, the case was dismissed on June 20, 2011.Lamarca v. Va. Bd. of Elections, No. 1:11-cv-01255 (E.D. Va.): a challenge in federal court to the unequal population of congressional districts, on the basis that the legislature will not timely draw congressional lines.
- Complaint (Nov. 16, 2011).
- Motion to dismiss (Dec. 5), opposition (Dec. 19), reply (Dec. 22), surreply (Dec. 23).
- Order granting motion to dismiss (Feb. 10).
The latest: On February 10, the court granted the motion to dismiss the case.Little v. Va. Bd. of Elections, No. CL11005253-00 (Va. Circuit Ct., Richmond City) & No. 120148 (Va. Sup. Ct.): a challenge in state court to the unequal population of congressional districts, on the basis that the legislature will not timely draw congressional lines.
- Trial court
- Complaint (Nov. 18, 2011).
- Motion to dismiss (Dec. 12), response (Jan. 3).
- Plaintiffs' motion for partial summary judgment (Jan. 11), response (Jan. 18).
- Order denying motion to dismiss (Jan. 24).
- State Supreme Court
- Petition for appeal (Jan. 26).
- Order dismissing appeal and denying writ of prohibition (Jan. 31).
- Trial court (II)
- Defendants' cross-motion for summary judgment (Feb. 3), response (Feb. 10).
- Briefs by plaintiffs, defendants (Feb. 10), amicus (Feb. 13).
- Order granting deft's motion for summary judgment, dismissing case (Feb. 27).
The latest: The complaint was filed on November 18, 2011. On January 24, the court denied defendants' motion to dismiss. That order was appealed, but on January 31, the state Supreme Court determined that the trial court's order did not amount to a final resolution of the issue, and dismissed the appeal. Back at the trial court, on February 27, the court granted defendant's motion for summary judgment, and dismissed the case.McEachin v. Bolling, No. CL11005456-00 (Va. Circuit Ct., Richmond City): a challenge in state court to the Lieutenant Governor's ability to cast tiebreaking votes on certain matters in the state Senate. While the challenge does not directly affect a particular redistricting plan, it may determine the partisan distribution of power for congressional redistricting in 2012.
- Complaint (Dec. 5, 2011) and amended complaint (Dec. 15).
- Motion for temporary injunction (Dec. 5).
- Memorandum in support (Dec. 7), opposition (Dec. 8).
- Order denying temporary injunction (Dec. 16).
- Motion to dismiss (Jan. 3).
- Voluntary dismissal (Feb. 28).
The latest: The complaint was filed on November 5, together with a motion for temporary injunction; that motion was denied on December 16, on ripeness and separation-of-powers grounds. On February 28, plaintiffs voluntarily dismissed the case.Carter v. Va. Bd. of Elections, No. 3:11-cv-7 (W.D. Va.): a challenge in federal court to the unequal population of current state Senate districts, in the event that the legislature would be unable to agree on state Senate districts within 2011.
- Complaint (Feb. 4, 2011), declared unripe and dismissed without prejudice (Feb. 15).
- Second complaint (April 18, 2011, after veto of first legislative plan).
The latest: On April 29, 2011, the case was again declared unripe, and dismissed without prejudice.Klotz v. Va. Bd. of Elections, No. 3:11-cv-264 (E.D. Va.): a challenge to the unequal population of current state Senate districts, in the event that the legislature would be unable to agree on state legislative districts within 2011.
- Complaint (Hanover County, Case No. CL11000638-00, Mar. 25, 2011).
- Amended complaint (Apr. 19, 2011).
The latest: The case was removed to federal court on April 22, 2011, and all parties stipulated to a dismissal without prejudice on May 10, 2011.Burch v. Va. Bd. of Elections, No. 3:11-cv-256 (E.D. Va.): a challenge in federal court to the unequal population of current state and federal districts, in the event that the legislature would be unable to agree on district lines before the next election.
- Complaint (Apr. 19, 2011).
The latest: A motion to dismiss was filed on May 2, 2011, and the case was dismissed on June 15.

