Opinion
Civil 1:22-CV-00208
03-03-2022
WILLIAM C. TOTH JR., et al., Plaintiffs, v. LEHIGH M. CHAPMAN, in her official capacity as Acting Secretary for the Commonwealth, et al., Defendants, v. CAROL ANN CARTER, et al., Intervenor-Defendants.
Present: Michael Chagares, Chief Circuit Judge.
DESIGNATION ON APPLICATION TO CONVENE A THREE-JUDGE DISTRICT COURT
Michael Chagares Chief Judge.
Before the court is an application to convene a three-judge district court, which is opposed, in part. Docs. 3, 36, 37-1, 47, 59, 61. Title 28, Section 2284 of the United States Code authorizes the convening of a three-judge district court “when an action is filed challenging the constitutionality of the apportionment of congressional districts.” The second amended complaint challenges the constitutionality of the apportionment of congressional districts in Pennsylvania. Doc. 49. As such, pursuant to 28 U.S.C. § 2284(a), this action must be heard and determined before a district court of three judges.
The defendants and intervenor-defendants do not oppose a three-judge district court as to Claim 3 of the plaintiffs' second amended complaint because they do not raise a jurisdictional challenge to that claim. They do, however, assert that the court should refrain from convening a three-judge district court prior to resolution of the jurisdictional motions to dismiss. See Docs. 58-61.
Accordingly, I hereby designate a Three-Judge District Court pursuant to 28 U.S.C. § 2284 as follows:
Kent A. Jordan, Circuit Judge
Patty Shwartz, Circuit Judge
Jennifer P. Wilson, District Judgeto hear and determine this cause in accordance with the law. Judge Jordan shall preside.
The Clerk of Court of the District Court shall process this order forthwith.