Georgia Congressional Redistricting Challenge (Pendergrass)

Pendergrass v. Raffensperger

Filed: December 30, 2021

Lawsuit filed on behalf of Georgia voters challenging the state’s new congressional map enacted following the release of 2020 census data. The complaint argues that the new map violates Section 2 of the Voting Rights Act (VRA) because it dilutes the voting strength of Georgians of color, particularly Black Georgians, and denies these voters an equal chance to participate in the political process. Specifically, the plaintiffs argue that the Legislature should have created an additional majority-Black district in the Atlanta metropolitan area under the VRA because Black Georgians in that area vote cohesively as a bloc and are numerous and compact enough to form an additional majority-Black district. The plaintiffs filed a motion for a preliminary injunction asking the court to block the current map and order the creation of a new map that complies with the VRA. The court denied the plaintiffs’ request for a preliminary injunction blocking the new congressional map, which means that it will be in place for the 2022 election cycle. In 2023, a trial was held from Sept. 5-14. On Oct. 26, 2023, a federal judge struck down the congressional map for violating Section 2 of the VRA and ordered the Legislature to redraw the map for the 2024 election cycle.

On Nov. 22, the defendants appealed the decision to the 11th U.S. Circuit Court of Appeals. On Dec. 20, there will be a hearing in the district court on the congressional map for 2024. On Dec. 28, 2023, the judge upheld the state’s remedial congressional map that was enacted by the Republican-controlled legislature. In January 2024, the plaintiffs appealed the judge’s order approving the remedial map to the 11th Circuit.

This case was consolidated with two other cases challenging the state’s legislative maps: Alpha Phi Alpha Fraternity Inc. v. Raffensperger and Grant v. Raffensperger. All updates can be found on this page.

STATUS: This case is on appeal at the 11th Circuit. Briefing from all parties is ongoing.

Case Documents

Plaintiffs' notice of appeal (Jan. 22, 2024)

Order (Dec. 28, 2023)

Plaintiffs' reply in support of objections to remedial plan (Dec. 19, 2023)

Defendants' response to plaintiffs' objections (Dec. 18, 2023)

Georgia State Conference of the NAACP's motion to file amicus brief (Dec. 12, 2023)

Plaintiffs' objections to remedial congressional map (Dec. 12, 2023)

Notice of adoption of remedial plans (Dec. 8, 2023)

Order regarding remedy phase (Dec. 6, 2023)

Defendant's notice of appeal (Nov. 22, 2023)

U.S. Department of Justice's response on the constitutionality of Section 2 (Nov. 17, 2023)

United States Department of Justice's notice of intervention (Nov. 3, 2023)

Opinion (Oct. 26, 2023)

Defendants' notice of constitutional question (Oct. 10, 2023)

Order (Oct. 4, 2023)

Order (Oct. 4, 2023)

Defendants' proposed findings of fact and conclusions of law (Sept. 25, 2023)

Plaintiffs' proposed findings of fact and conclusions of law (Sept. 25, 2023)

Minute sheet (Sept. 14, 2023)

Clarifying order (Aug. 31, 2023)

Order granting in part and denying in part the defendants' motion for judicial notice (Aug. 23, 2023)

Defendants' reply brief in support of their motion for judicial notice (Aug. 18, 2023)

Logistics order (Aug. 18, 2023)

Pretrial order (Aug. 15, 2023)

Plaintiffs' partial opposition to defendants' motion for judicial notice (Aug. 11, 2023)

Joint exhibit list (July 31, 2023)

Plaintiffs' exhibit list (July 31, 2023)

Defendants' exhibit list(July 31, 2023)

Plaintiffs' proposed pretrial order (July 25, 2023).

Order denying motions for summary judgment (July 17, 2023)

Defendants' supplemental brief (June 22, 2023)

Plaintiffs' supplemental brief in support of their motion for summary judgment (June 22, 2023)

Amended scheduling order (June 8, 2023)

Amended scheduling order (May 19, 2023)

Plaintiffs' reply in support of plaintiffs' motion for summary judgment (May 3, 2023)

Defendants' brief in support of their motion for summary judgment (April 19, 2023)

Plaintiffs' response in opposition to defendants' motion for summary judgment (April 19, 2023)

Defendants' response in opposition to plaintiffs' motion for summary judgment (March 20, 2023)

Defendants' brief in support of motion for summary judgment (March 20, 2023)

Plaintiffs' statement of undisputed facts (March 20, 2023).

Plaintiffs' brief in support of their motion for summary judgment (March 20, 2023)

Scheduling order (March 20, 2023)

Stipulation and order regarding discovery (Dec. 22, 2022)

Defendants' answer to the amended complaint (Nov. 14, 2022)

Amended complaint (Oct. 28, 2022)

Order granting the plaintiffs' consent motion to add a defendant (Oct. 17, 2022)

Consent motion to add a defendant (Oct. 17, 2022)

Stipulation and order regarding discovery (Oct. 7, 20222)

Joint status report (Aug. 2, 2022)

Joint preliminary report and discovery plan (March 28, 2022)

Order denying the motions for a preliminary injunction (Feb. 28, 2022)

Scheduling order (Feb. 28, 2022)

Defendants' answer to the complaint (Feb. 25, 2022)

Defendants' proposed findings of fact and conclusions of law (Feb. 18, 2022)

Plaintiffs' proposed findings of fact and conclusions of law (Feb. 18, 2022)

Jonathan Hawley's declaration in support of the plaintiffs' response to the coordinated order (Feb. 9, 2022)

Plaintiffs' response to the coordinated order regarding the U.S. Supreme Court's order on the Alabama map (Feb. 9, 2022)

Coordinated order regarding the U.S. Supreme Court's order on the Alabama map (Feb. 7, 2022)

Joint stipulated facts for preliminary injunction proceedings (Feb. 4, 2022)

Defendants' response to the plaintiffs' notice of supplemental authority (Feb. 1, 2022)

Coordinated order regarding the preliminary injunction proceedings (Jan. 28, 2022)

Order denying the defendants' motion to dismiss (Jan. 28, 2022)

Plaintiffs' notice of supplemental authority (Jan. 25, 2022)

Declaration of Kevin Hamilton in support of the plaintiffs' motion for a preliminary injunction (Jan. 20, 2022)

Plaintiffs' reply in support of their motion for a preliminary injunction (Jan. 20, 2022)

Defendants' reply in support of their motion to dismiss (Jan. 20, 2022)

Coordinated scheduling order (Jan. 19, 2022)

Defendants' opposition to the plaintiffs' motion for a preliminary injunction (Jan. 18, 2022)

Plaintiffs' opposition to the defendants' motion to dismiss (Jan. 18, 2022)

Defendants' motion to dismiss and brief in support (Jan. 14, 2022)

Plaintiffs' motion for a preliminary injunction and memorandum in support (Jan. 12, 2022)

Defendants' status report (Jan. 11, 2022)

Plaintiffs' status report (Jan. 11, 2022)

Complaint (Dec. 30, 2021)

Case Documents (11th Circuit – Georgia's Liability Appeal)

GA secretary of state's reply brief (June 28, 2024)

Georgia NAACP plaintiffs' amicus brief (April 15, 2024)

Brennan Center's amicus brief (April 15, 2024)

District of Columbia and 18 states' amicus brief (April 15, 2024)

Voting rights historians' amicus brief (April 15, 2024)

Constitutional Accountability Center's amicus brief (April 15, 2024)

Alpha Phi Alpha Fraternity's appellees' brief (April 8, 2024)

Pendergrass and Grant appellees' brief (April 8, 2024)

U.S. Department of Justice's appellees' brief (April 8, 2024)

National Republican Redistricting Trust's amicus brief (Feb. 15, 2024)

Alabama and 13 other states' amicus brief (Feb. 14, 2024)

GA secretary of state's opening brief (Feb. 7, 2024)

Case Documents (11th Circuit – Plaintiffs' Remedial Appeal)

Grant appellants' reply brief (Sept. 25, 2024)

Pendergrass appellants' reply brief (Sept. 23, 2024)

GA Secretary of State's response brief (Aug. 2, 2024)

U.S. attorney general's amicus brief in support of neither party (May 10, 2024)

Grant appellants' brief (May 3, 2024)

Pendergrass appellants' brief (May 3, 2024)

Last updated: September 25, 2024 12:28 pm EST