No. ______ In the Supreme Court of the United States ________________ ROBERT A. RUCHO, et al., Appellants, v. COMMON CAUSE, et al., Appellees. ________________ On Appeal from the United States District Court for the Middle District of North Carolina ________________ JURISDICTIONAL STATEMENT ________________ PHILLIP J. STRACH PAUL D. CLEMENT MICHAEL D. MCKNIGHT Counsel of Record OGLETREE, DEAKINS, ERIN E. MURPHY NASH, SMOAK & ANDREW C. LAWRENCE STEWART, P.C. KIRKLAND & ELLIS LLP 4208 Six Forks Road 655 Fifteenth Street, NW Suite 1100 Washington, DC 20005 Raleigh, NC 27609 (202) 879-5000
[email protected] Counsel for Appellants Robert A. Rucho, David R. Lewis, Timothy K. Moore, and Philip E. Burger March 12, 2018 QUESTIONS PRESENTED In 2016, a three-judge district court invalidated two districts in North Carolina’s 2011 congressional districting map on racial gerrymandering grounds and ordered the General Assembly to enact a new map within 14 days. The General Assembly complied, only to have the 2016 map challenged on partisan gerrymandering grounds. In the decision below, a three-judge district court once again invalidated North Carolina’s duly enacted congressional map, becoming just the second court since Vieth v. Jubelirer, 541 U.S. 267 (2004), to purport to divine a justiciable test for partisan gerrymandering and to order a State to draw a new map. Although the plaintiffs here proceeded only on a “statewide” partisan gerrymandering theory, challenging the 2016 map as an undifferentiated whole, the court concluded that all plaintiffs have suffered sufficient injury-in-fact to press their challenges. On the merits, the court not only held that the 2016 map violates the Equal Protection Clause and the First Amendment, but also became the first court ever to invalidate a redistricting map under the Elections Clauses of Article I.