Smith v. Clark (also Smith v. Hosemann, Branch v. Smith, Buck v. Watson)
Featured Content
Highlighted documents
3-judge fed. ct. I (2001)
Opinion striking state plan, adopting Feb. 4 plan
U.S. Sup. Ct. I (2001)
Opinion affirming trial ct.
3-judge fed. ct. II (2011)
Opinion adopting cong. plan
3-judge fed. ct. III (2021)
Opinion vacating 2011 judgment
Case Information
A federal court challenge to the malapportionment of districts in the 2000 cycle.
When the legislature failed to reach agreement on a congressional plan in the 2000 cycle, a state court drew districts instead, but that state plan was subject to preclearance under section 5 of the Voting Rights Act. Because the state court’s plan would not be precleared in time for the candidate qualifying deadline, the federal court on Feb. 26, 2002, enjoined the purported state plan until a state plan could be precleared, and drew congressional districts of its own in the interim. On appeal, the U.S. Supreme Court affirmed that ruling on Mar. 31, 2003.
When the legislature again failed to reach agreement on a congressional plan in the 2010 cycle, the Mississippi Republican Party asked the court to amend its 2002 judgment to draw new congressional districts for the 2010 cycle. On Dec. 30, 2011, the court obliged, and drew new districts of its own. The court ordered those districts to remain in place until the state produced a new precleared congressional plan.
In 2022, after Shelby County v. Holder eliminated the geographic trigger for preclearance, the Mississippi Republican Party asked the court to allow the state’s new 2020-cycle congressional plan to go into effect (without the need for preclearance).  On May 23, 2022, the court agreed, and vacated its 2011 injunction requiring preclearance for a new plan. The order was appealed, but on Feb. 21, 2023, the U.S. Supreme Court dismissed the appeal for lack of jurisdiction.
History
Case filings, starting with most recent courtName | Last Modified | ||
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Amd. complaint | Oct 17, 2001 | |
Motion to dismiss [Document not yet available] | Nov 26, 2001 | ||
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Plaintiffs' response | Dec 3, 2001 | |
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Order adopting plan | Dec 21, 2001 |
Name | Last Modified | ||
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Order re mandamus | Dec 13, 2001 |
Name | Last Modified | ||
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Complaint | Nov 1, 2001 | |
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Motion for preliminary injunction | Nov 8, 2001 | |
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State's response | Nov 14, 2001 | |
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Miss. Dem. Party response | Nov 21, 2001 | |
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Miss. Rep. Party response | Nov 26, 2001 | |
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Order deferring ruling | Dec 5, 2001 | |
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Motion to dismiss | Nov 14, 2001 | |
Response [Document not yet available] | Jan 1, 1970 | ||
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Reply | Nov 30, 2001 | |
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Order denying motion | Dec 5, 2001 | |
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Motion for preliminary injunction | Dec 20, 2001 | |
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State's response | Dec 21, 2001 | |
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State's supp. response | Jan 9, 2002 | |
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Branch et al. response | Dec 21, 2001 | |
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Branch et al. supp. response | Jan 10, 2002 | |
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Miss. Rep. Exec. Comm. supp. submission | Jan 11, 2002 | |
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Order deferring ruling | Jan 7, 2002 | |
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Amd. complaint | Jan 8, 2002 | |
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Order w/ tentative cong. plan | Feb 4, 2002 | |
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Plaintiffs' response | Feb 8, 2002 | |
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Branch et al. response | Feb 8, 2002 | |
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Opinion adopting Feb. 4 plan | Feb 19, 2002 |
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Opinion striking state plan, adopting Feb. 4 plan | Feb 26, 2002 |
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Notice of appeal | Feb 26, 2002 |
Name | Last Modified | ||
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Jurisdictional statement | Mar 28, 2002 | |
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Appendix | Mar 28, 2002 | |
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Branch et al. supp. brief | Apr 24, 2002 | |
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Miss. Rep. Exec. Comm. motion to affirm | Apr 29, 2002 | |
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Branch et al. reply | May 9, 2002 | |
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Order noting probable jurisdiction | Jun 10, 2002 |
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Cross-appeal (state's) juris. statement | Apr 26, 2002 | |
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Branch et al. motion to affirm | May 2, 2002 | |
State's reply [Document not yet available] | May 13, 2002 | ||
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Order noting probable jurisdiction | Jun 10, 2002 |
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Branch et al. brief | Aug 26, 2002 | |
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Joint appendix | Aug 26, 2002 | |
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Amicus brief of Robert Jubelirer et al. | Aug 26, 2002 | |
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Amicus brief of NAACP et al. | Aug 26, 2002 | |
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Amicus brief of Nationalist Movement | Aug 26, 2002 | |
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State's response | Sep 26, 2002 | |
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Amicus brief of US | Sep 30, 2002 | |
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Branch et al. reply | Nov 1, 2002 | |
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State's brief | Aug 23, 2002 | |
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Branch et al. response | Sep 30, 2002 | |
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Amicus brief of US | Sep 30, 2002 | |
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State's reply | Oct 30, 2002 | |
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Transcript of argument | Dec 10, 2002 | |
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Opinion affirming trial ct. | Mar 31, 2003 |
Name | Last Modified | ||
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Miss. Rep. Exec. Comm. motion to amend | Sep 12, 2011 | |
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Plaintiffs' response | Sep 28, 2011 | |
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Att'y Gen. response | Sep 29, 2011 | |
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SOS response | Oct 10, 2011 | |
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Branch et al. response | Oct 12, 2011 | |
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Miss. Rep. Exec. Comm. reply | Oct 19, 2011 | |
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Order re proposed plan | Nov 22, 2011 | |
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Miss. Rep. Exec. Comm. response | Dec 12, 2011 | |
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Plaintiffs' response | Dec 12, 2011 | |
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Governor's reponse | Dec 12, 2011 | |
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Att'y Gen. response | Dec 12, 2011 | |
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SOS response | Dec 12, 2011 | |
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Court's proposed plan | Dec 19, 2011 | |
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Miss. Rep. Exec. Comm. response | Dec 22, 2011 | |
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Governor's response | Dec 22, 2011 | |
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Att'y Gen. response | Dec 22, 2011 | |
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SOS response | Dec 22, 2011 | |
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Plaintiffs' response | Dec 26, 2011 | |
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Buck et al. response | Dec 22, 2011 | |
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Opinion adopting cong. plan | Dec 30, 2011 |
Name | Last Modified | ||
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Buck et al. jurisdictional statement (incl. appx.) | Nov 21, 2022 | |
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Miss. Rep. Exec. Comm. et al. motion to dismiss | Jan 18, 2023 | |
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Buck et al. opposition | Jan 27, 2023 | |
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Order denying jurisdiction | Feb 21, 2023 |