Supreme Court of the United States, 2023

Robinson v. Ardoin

Robinson v. Ardoin
Supreme Court of the United States · Decided October 19, 2023 · Ketanji Brown Jackson

Robinson v. Ardoin

Opinion

Cite as: 601 U. S. ____ (2023) 1 JACKSON, J., concurring SUPREME COURT OF THE UNITED STATES _________________ No. 23A281 _________________

PRESS ROBINSON, ET AL. v. KYLE ARDOIN, LOUISIANA SECRETARY OF STATE, ET AL.

ON APPLICATION FOR STAY _________________ No. 23A282 _________________

EDWARD GALMON, ET AL. v. KYLE ARDOIN, LOUISIANA SECRETARY OF STATE, ET AL.

ON APPLICATION FOR STAY [October 19, 2023] The applications for stay presented to JUSTICE ALITO and by him referred to the Court are denied.

JUSTICE JACKSON, concurring in denial of applications for stay.

I concur in the denial of emergency relief. I write sepa- rately to emphasize two points.

First, nothing in our decision not to summarily reverse the Fifth Circuit should be taken to endorse the practice of issuing an extraordinary writ of mandamus in these or sim- ilar circumstances.

Second, as we have previously emphasized, this litigation should be resolved “in advance of the 2024 congressional elections in Louisiana.” Ardoin v. Robinson, 599 U. S. ___, ___ (2023). To that end, I read the Fifth Circuit’s manda- mus ruling to require the District Court to delay its reme- dial hearing only until the Louisiana Legislature has had sufficient time to consider alternative maps that comply with the Voting Rights Act. See In re Landry, ___ F. 4th 2 ROBINSON v. ARDOIN JACKSON, J., concurring ___, 2023 WL 6302186, *4 (CA5, Sept. 28, 2023). The State has now represented, in its filings before this Court, that the legislature will not consider such maps while litigation over the enacted map is pending. See Response to Emer- gency Application for Stay of Writ of Mandamus in Nos. 23A281, 23A282, p. 16. Therefore, the District Court will presumably resume the remedial process while the Fifth Circuit considers the State’s appeal of the preliminary in- junction.

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