Application for Extension of time to File Jurisdictional Statement
Public Court Documents
May 27, 1998

3 pages
Cite this item
-
Case Files, Cromartie Hardbacks. Application for Extension of time to File Jurisdictional Statement, 1998. 78b24ffa-e40e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/b4ed493e-6a56-4998-9654-5e42d6eb9cec/application-for-extension-of-time-to-file-jurisdictional-statement. Accessed July 09, 2025.
Copied!
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