State Appellants' Response to Appellees' Motion to Expedite Schedule for Appeal
Public Court Documents
March 22, 2000

7 pages
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Case Files, Cromartie Hardbacks. State Appellants' Response to Appellees' Motion to Expedite Schedule for Appeal, 2000. 858f4e3e-e20e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/98580fcb-89f1-4f18-a7d3-cb1d1b102ae7/state-appellants-response-to-appellees-motion-to-expedite-schedule-for-appeal. Accessed May 14, 2025.
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No. 99M80 In the Supreme Court of the United States October Term, 1999 JAMES B. HUNT, JR., in his official capacity as Governor of the State of North Carolina, et al., Appellants, V. MARTIN CROMARTIE, et al., Appellees. STATE APPELLANTS’ RESPONSE TO APPELLEES’ MOTION TO EXPEDITE SCHEDULE FOR APPEAL To the Honorable William H. Rehnquist, Chief Justice of the United States and Circuit Justice for the Fourth Circuit: Appellees have moved this Court for an order expediting the appeal in this case by accelerating the filing date for Appellants’ jurisdictional statement. The State Appellants, James B. Hunt, ef al., by and through undersigned counsel, respectfully submit this response opposing Appellees’ Motion to Expedite Schedule for Appeal. On March 16, 2000, this Court granted the State Appellants’ and Intervenor-Appellants’ applications for stay of the judgement of the United States District Court for the Eastern District of North Carolina entered March 8, 2000, which declared Congressional District 12 in the State’s 1997 Redistricting Plan unconstitutional and permanently enjoined the State from using District 12 in 2 future elections. Without this Court’s stay, North Carolina would have been required to postpone its congressional primaries, scheduled for May 2, 2000, holding them at some later time separately from all other primaries. The stay was sought, and presumably granted, to avoid the negative impact on voting turnout and significant harm to the citizens of North Carolina which would have resulted from the lower court’s untimely disruption of the State’s ongoing election process. Appellees now seek to expedite the State’s appeal as if this case involved only some insignificant, piddling matter that needs only the most cursory review. Appellees apparently hope to rush this Court to summary affirmance and to thereby again endanger the State’s election proces even after the primaries have been completed. Appellees’ lack of respect for the integrity of the election process provides no rational basis for short circuiting the appellate process with an unrealistic and accelerated schedule. Preparing the necessary jurisdictional statement in this case cannot reasonably be accomplished on the truncated schedule proposed by Appellees. First, as Appellees stated repeatedly in their response opposing the State’s emergency stay application, there is an extensive trial record in this case. In addition to three days of testimony, there were over 250 exhibits admitted into evidence.! In addition to the designation of a large number of pleading and discovery materials, seventeen depositions are included as part of the record in this case.’ Finally, the State’s 1997 ! Ttis not possible to state definitively the number of exhibits admitted into evidence because to date the trial clerk has not completed an official list of exhibits admitted into evidence by the court or exhibits admitted on a limited basis. 2 The formal trial record became especially unwieldy because of two actions by the lower court intended to expedite the trial. First, after the completion of discovery and less than two weeks before trial, the court instructed the parties to limit their proffers of evidence at the trial and “to rely on proof, as appropriate, that exists by affidavit or deposition, to the extent possible.” Second, during trial, when the Appellees had presented all of their witnesses, and the State had proffered the live testimony of one witness, Senator Roy Cooper, it was suggested in no uncertain terms that the court 3 Congressional Plan Section 5 Submission (comprising five volumes) also is included in the trial record as the official legislative history of the plan. This Court’s redistricting opinions reflect that the “analytically distinct” claim recognized in Shaw requires an exacting, fact-intensive review, especially in “mixed motive” cases. See Bush v. Vera, 517 U.S. 952, 959 (1996). The jurisdictional statement necessarily cannot include all of the testimony and documents which the parties mi ght plan to designate for the joint appendix when the case is set for briefing and oral argument. However, for the purpose of providing materials necessary for the Court’s understanding and review of the issues to be presented in the Appellants’ jurisdictional statement, the State must sift and winnow the extensive paper record of this case to provide a meaningful distillation of the evidence. This cannot be done overnight or on Appellees’ unworkable schedule. Second, other factors further demonstrate the absurdity of the Appellees’ proposal for expediting the appeal process. Appellants are flattered that Appellees believe that the State’s emergency application is an adequate substitute for the required jurisdictional statement. As the Court may recall, however, because the “drop dead“ date for receiving a stay in time to allow the congressional primaries to go forward was perilously close when the lower court issued its order, the Appellants prepared and served their emergency application, with limited supporting documents, in approximately forty-eight hours. In a case of such importance to the State of North Carolina, the Appellants want the opportunity for less frenzied reflection and to be accorded the customary time under the appellate rules for preparing a carefully reasoned jurisdictional statement. Familiarity with did not need to “replow ground” with additional live witnesses. Again the court indicated its preference for depositions in lieu of live testimony. For these reasons, essentially all of the discovery depositions were “dumped” into the trial record by all the parties. 4 applicable redistricting precedent does not vitiate the need for a carefully articulated application of these precedents to the record in this case. This is no longer a case involving only abstract legal concepts, but is a fully documented example of these principles at work in a State legislature and a federal court room. Moreover, Appellees apparently give no consideration to the role of the Intervenors in this case. In order to conserve judicial resources, the State and the Intervenors whenever possible throughout this litigation have attempted to compliment rather than duplicate each others efforts. This coordination takes time, but ultimately enures to the efficiency of the process. Finally, the customary time for preparing the Appellants’ jurisdictional statement has already been eroded by the time necessary to prepare the emergency stay application, the time spent preparing for various “doomsday” scenarios if the stay had been denied, and now by the time spent responding to the Appellees’ unreasonable attempt to short circuit the State’s appeal to this Court. There are barely five weeks remaining in which to prepare a jurisdictional statement and summary appendix of record evidence for submission to the printer for binding and copying. Appellees seek to have the important issues raised by this case disposed of by summary affirmance, and, as apparently part of their strategy seek to diminish the State’s opportunity for a full and fair review of the lower court’s opinion. They offer no principled basis which supports or requires such undue haste by Appellants or this Court; the request is contrary to core principles of state sovereignty and federalism, as codified by the three-judge court and direct appeal procedures of 28 U.S.C. §§ 1253 and 2284, and should be denied. Wherefore for the reasons stated above, the State Appellants respectfully urge the Court to deny Appellees’ Motion to Expedite Schedule for Appeal. This the 222 rd day of March, 2000. MICHAEL F. EASLEY ATTORNEY GENERAL et nd Edwin M. Speas, Jr. Chief Deputy Attorney General py Bar 2 Ht are B Smiley Special Deputy Attorney General N. C. State Bar No. 7119 AP ly, PLA Norma S. Harrell Special Deputy Attorney General N.C. State Bar No. 6654 N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 (919) 716-6900 No. 99M-80 In the Supreme Court of the United States October Term, 1999 JAMES B. HUNT, JR., in his official capacity as Governor of the State of North Carolina, et al., Appellants, Vv. MARTIN CROMARTIE, et al., Appellees. STATE APPELLANTS’ RESPONSE IN OPPOSITION TO APPELLEES’ MOTION TO EXPEDITE SCHEDULE FOR APPEAL CERTIFICATE OF SERVICE I, Tiare B. Smiley, Special Deputy Attorney General, a member of the bar of this Court and counsel of record for State appellants in this case, hereby certify that all parties required to be served the State Appellants’ Response in Oppositionto Appellees’ Motion to Expedite Schedule for Appeal have been served, and more particularly, that I have on this day deposited copies of this State Appellants’ Response in Opposition to Appellees’ Motion to Expedite Schedule for Appeal in the United States mail, first-class postage prepaid, addressed as follows: Robinson O. Everett Suite 300 First Union Natl. Bank Bldg. 301 W. Main Street P.O. Box 586 Durham, NC 27702 Adam Stein Ferguson, Stein, Wallas, Adkins, Gresham, Sumter, P.A. 312 W. Franklin St. Chapel Hill, NC 27516 Todd A. Cox NAACP Legal Defense & Educational Fund, Inc. 1444 1 Street NW, 10% Floor Washington, DC 20005 This te29"F day of March, 2000. Le Ell 1are B. Smiley Special Deputy Attorney General