Opinion
4:22-cv-213
09-11-2024
Jackie Williams Simpson, et al. Plaintiffs, v. John Thurston, et al. Defendants.
Before STRAS, Circuit Judge, MARSHALL and MOODY, District Judges.
ORDER
PER CURIAM.
After we dismissed the plaintiffs' case, the Supreme Court vacated the judgment and remanded for further consideration in light of Alexander v. South Carolina State Conference of the NAACP, 144 S.Ct. 1221 (2024). [Doc. 51.] We directed the parties to brief how to proceed from there. [Doc. 53.]
Having carefully reviewed Alexander, the parties' arguments, and the amended complaint, we have not changed our minds. Our previous orders identified the lack of allegations “strong enough to overcome the presumption of legislative good faith” and rule out “pure ‘partisan gerrymandering'” as fatal flaws in the plaintiffs' claims. [Mem. Op. & Order 4 (quoting Abbott v. Perez, 585 U.S. 579, 610 (2018)).] They still are, as Alexander itself makes clear. See Alexander, 144 S.Ct. at 1233 (explaining that a redistricting challenge must rebut the “presumption that the legislature acted in good faith” and “disentangle race and politics”). We accordingly DENY the plaintiffs' request for a status conference and REINSTATE the judgment of dismissal.
IT IS SO ORDERED