Litigation in the 2010 cycle

(Click here for a summary of which maps were struck/upheld in the 2010 cycle.)
(Click here for a summary of which maps were struck/upheld in the 2000 cycle.)
(Click for individual cases in the 2000, 1990, 1980 cycles.)

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

    Page v. Va. State Bd. of Elections, No. 3:13-cv-00678 (E.D. Va.): a challenge in federal court to an alleged racial gerrymander without adequate justification under the Voting Rights Act.
         - Complaint (Oct. 6, 2013).
         - Motion to dismiss State Bd., AG (Oct. 25).
              - Stipulation of dismissal of State Bd., AG (Nov. 21).
         - Plaintiffs' brief re remedies (Dec. 6).
              - Responses by defendants, intervenor members of Congress (Dec. 13).
              - Responses by Reply (Dec. 16).
         - Motion for summary judgment by defendants, intervenors (Dec. 20).
              - Opposition (Dec. 31).
              - Reply by defendants, intervenors (Jan. 6, 2014).
              - Order denying motion (Jan. 27).
         - Stipulation of dismissal of plaintiff Page (Apr. 9).
         - Trial brief by plaintiffs (app.), defendants (Apr. 16).
              - Post-trial brief by plaintiffs (June 6), defendants (June 20), reply (June 27).
         - Order re privilege for ED of House Rep. Caucus (May 8).
    The latest: The complaint was filed on October 6, 2013. Defendants and intervenor members of Congress filed motions for summary judgment, which were denied on January 27, 2014.

    Langhorne v. Va. State Bd. of Elections, No. 3:13-cv-00702 (E.D. Va.): a challenge in federal court to an alleged racial gerrymander of two state Delegate seats.
         - Complaint (Oct. 15, 2013).
         - Voluntary dismissal (Nov. 23), order dismissing case (Nov. 25).
    The latest: The complaint was filed on October 15, 2013. The plaintiffs voluntarily dismissed the case on November 23.

    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.

Congress State legislature   Maps & Data   States      
     Current status      Current status            Alabama      Indiana      Nebraska      South Carolina
     Timing      Timing            Alaska      Iowa      Nevada      South Dakota
     Authority      Authority   Litigation        Arizona      Kansas      New Hampshire      Tennessee
          Institution           Institution            Arkansas      Kentucky      New Jersey      Texas
          Party control           Party control            California      Louisiana      New Mexico      Utah
     Criteria      Criteria   Reform        Colorado      Maine      New York      Vermont
               Connecticut      Maryland      North Carolina      Virginia
               Delaware      Massachusetts      North Dakota      Washington
               Florida      Michigan      Ohio      West Virginia
         Georgia      Minnesota      Oklahoma      Wisconsin
Overview of redistricting     Further resources        Hawaii      Mississippi      Oregon      Wyoming
Why it matters Redistricting criteria        My work        Idaho      Missouri      Pennsylvania  
Public engagement Preclearance        Tools        Illinois      Montana      Rhode Island