Application for Extension of time to File Jurisdictional Statement

    No. A-753 

  

  

  

  

RECEIVED 
HAND DELIVERED 

In the 

Supreme Court of the United States| = ¥aY 27 1998 
October Term, 1997 

OFFICE OF THE CLERK 

SUPREME COURT, U.S. 

JAMES B. HUNT, JR., IN HIS OFFICIAL CAPACITY AS GOVERNOR 

OF THE STATE OF NORTH CAROLINA, ef al., 

        
Appellants, 

V. 

MARTIN CROMARTIE, et al., 

Appellees. 

  

APPLICATION FOR EXTENSION OF TIME 
TO FILE JURISDICTIONAL STATEMENT 

  

To the Honorable William H. Rehnquist, Chief Justice of the Supreme Court of the United 

States: 

Appellants James B. Hunt, Jr., ef al., pray for a 10-day extension of time to file their 

jurisdictional statement in this Court to and including June 18, 1998. The final judgment of the three- 

judge district court was entered on April 6, 1998 and an amended notice of appeal was filed on April 

8, 1998. Appellants’ time to file their jurisdictional statement expires June 8, 1998. This application 

is being filed more than 10 days before that date. 

Copies of the majority and dissenting opinions and appellants’ amended notice of appeal 

below are attached hereto. The jurisdiction of this Court is invoked under 28 U.S.C. § 1253. 

As shown by the opinion below, this case involves an equal protection challenge to the North 

Carolina remedial congressional redistricting plan enacted by the General Assembly in 1997 after 

remand by this Court in Shaw v. Hunt, 517 U.S. 899 (1996). The plan was approved by the Shaw 

three-judge district as adequately remedying the constitutional defect in District 12 identified in Shaw. 

 



2 

  

The Cromartie three-judge court granted plaintiffs’ motion for summary judgment and issued an 

order and permanent injunction finding race was the predominant factor in drawing new District 12 

and halting all congressional elections under the plan. This appeal involves important considerations 

of federalism and the extraordinary caution this Court has admonished the lower courts to exercise 

in adjudicating claims that a state has drawn district lines on the basis of race. 

Appellants seek this short extension because much of their counel’s time for preparing the 

jurisdictional statement necessarily has been spent dealing with the district court’s order directing the 

drawing of a new congressional plan and the submission of that plan to both that court and the United 

States Department of Justice for preclearance under the Voting Rights Act by May 22, 1998. 

Additionally, appellants have associated new counsel experienced in Supreme Court appellate practice 

to assist in this appeal who is now working to familiarize herself with the record and to perform the 

necessary legal research to properly frame the questions to this Court. 

Wherefore appellants respectfully request that an order be entered extending their time to file 

the jurisdictional statement to and including June 18, 1998. 

Respectfully submitted, this 27th day of May, 1998. 

MICHAEL F. EASLEY 
North Carolina Attorney General 

  

     Edwin M. Speas, Jr. 
Chief Deputy Attorney General 

Tiare B. Smiley 
Special Deputy Attorney General 

North Carolina Department of Justice 
Post Office Box 629 
Raleigh, NC 27609-0629 
(919) 716-6900 

 



No. A-753 

  

In the 

Supreme Court of the United States 
October Term, 1997 
  

JAMES B. HUNT, JR., IN HIS OFFICIAL CAPACITY AS GOVERNOR 
OF THE STATE OF NORTH CAROLINA, et al., 

Appellants, 
VY. 

MARTIN CROMARTIE, ef al., 
Appellees. 

  

CERTIFICATE OF SERVICE 

  

APPLICATION FOR EXTENSION OF TIME 
TO FILE JURISDICTIONAL STATEMENT 

  

I, Edwin M. Speas, Jr., Chief 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 foregoing Application for Extension of Time to File Jurisdictional Statement have been served, 

and more particularly, that I have on this 27th day of May, 1998, deposited a copy of this Application 

in the United States mail, first-class postage prepaid, addressed as follows: 

Robinson O. Everett 
Everett & Everett 
Post Office Box 586 
Durham, NC 27702 
(919) 682-5691 

This the 27th day of May, 1998. 

  

Edwin M. Speas, YA / 4 
Chief Deputy Attorney General