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SUPREME COURT OF THE UNITED STATES
_________________
No. 17–333
_________________
O. JOHN BENISEK, et al., APPELLANTS
v. LINDA H. LAMONE, ADMINISTRATOR, MARYLAND STATE BOARD OF
ELECTIONS, et al.
on appeal from the united states district
court for the district of maryland
[June 18, 2018]
Per Curiam.
This appeal arises from the denial of a motion
for a preliminary injunction in the District Court. Appellants are
several Republican voters, plaintiffs below, who allege that
Maryland’s Sixth Congressional District was gerrymandered in 2011
for the purpose of retaliating against them for their political
views.
In May 2017, six years after the Maryland
General Assembly redrew the Sixth District, plaintiffs moved the
District Court to enjoin Maryland’s election officials from holding
congressional elections under the 2011 map. They asserted that
“extend[ing] this constitutional offense”—
i.e., the alleged
gerrymander—“into the 2018 election would be a manifest and
irreparable injury.” Record in No. 1:13–cv–3233, Doc. 177–1,
p. 3. In order to allow time for the creation of a new
districting map, plaintiffs urged the District Court to enter a
preliminary injunction by August 18, 2017.
Id., at 32.
On August 24, 2017, the District Court denied
plaintiffs’ motion and stayed further proceedings pending this
Court’s disposition of partisan gerrymandering claims in
Gill v.
Whitford, No. 16–1161. 266
F. Supp. 3d 799. The District Court found that plaintiffs
had failed to show a likelihood of success on the merits sufficient
to warrant a preliminary injunction.
Id., at 808–814. The
District Court also held that it was “in no position to award
[p]laintiffs the remedy they . . . requested on the
timetable they . . . demanded.”
Id., at 815. The
court explained that, notwithstanding its “diligence in ruling on
the pending preliminary injunction motion (which has been a
priority for each member of this panel),” plaintiffs’ proposed
August deadline for injunctive relief had “already come and gone.”
Ibid.
In addition, the District Court emphasized that
it was concerned about “measuring the legality and
constitutionality of any redistricting plan in Maryland
. . . according to the proper legal standard.”
Id., at 816. In the District Court’s view, it would be
“better equipped to make that legal determination and to chart a
wise course for further proceedings” after this Court issued a
decision in
Gill.
Ibid. Plaintiffs ask this Court to
vacate the District Court’s order and remand for further
consideration of whether a preliminary injunction is
appropriate.
We now note our jurisdiction and review the
District Court’s decision for an abuse of discretion, keeping in
mind that a preliminary injunction is “an extraordinary remedy
never awarded as of right.”
Winter v.
Natural Resources
Defense Council, Inc., 555 U. S. 7, 24 (2008). As a matter
of equitable discretion, a preliminary injunction does not follow
as a matter of course from a plaintiff’s showing of a likelihood of
success on the merits.
See id., at 32. Rather, a court must
also consider whether the mov-ant has shown “that he is likely to
suffer irreparable harm in the absence of preliminary relief, that
the balance of equities tips in his favor, and that an injunction
is in the public interest.”
Id., at 20.
Plaintiffs made no such showing below. Even if
we assume—contrary to the findings of the District Court—that
plaintiffs were likely to succeed on the merits of their claims,
the balance of equities and the public interest tilted against
their request for a preliminary injunction.
First, a party requesting a preliminary
injunction must generally show reasonable diligence. Cf.
Holmberg v.
Armbrecht, 327 U. S. 392, 396
(1946). That is as true in election law cases as elsewhere. See
Lucas v.
Townsend, 486 U. S. 1301, 1305 (1988)
(Kennedy, J., in chambers);
Fishman v.
Schaffer, 429
U. S. 1325, 1330 (1976) (Marshall, J., in chambers). In this
case, appellants did not move for a preliminary injunction in the
District Court until six years, and three general elections, after
the 2011 map was adopted, and over three years after the
plaintiffs’ first complaint was filed.
Plaintiffs argue that they have nevertheless
pursued their claims diligently, and they attribute their delay in
seeking a preliminary injunction to the “convoluted procedural
history of the case” and the “dogged refusal to cooperate in
discovery” by state officials. Reply Brief 22. Yet the record
suggests that the delay largely arose from a circumstance within
plaintiffs’ control: namely, their failure to plead the claims
giving rise to their request for preliminary injunctive relief
until 2016. Although one of the seven plaintiffs before us filed a
complaint in 2013 alleging that Maryland’s congressional map was an
unconstitutional gerrymander, that initial complaint did not
present the retaliation theory asserted here. See Amended
Complaint, Doc. 11, p. 3 (Dec. 2, 2013) (explaining that the
gerrymandering claim did not turn upon “the reason or intent of the
legislature” in adopting the map).
It was not until 2016 that the remaining
plaintiffs joined the case and filed an amended complaint alleging
that Maryland officials intentionally retaliated against them
because of their political views. See 3 App. 640–643. Plaintiffs’
newly presented claims—unlike the gerrymandering claim presented in
the 2013 complaint—required discovery into the motives of the
officials who produced the 2011 congressional map. See,
e.g., Memorandum of Law in Support of Plaintiffs’ Motion to
Compel, Doc. 111–1, p. 3 (Jan. 4, 2017) (describing
plaintiffs’ demand that various state officials “testify
. . . and answer questions concerning legislative
intent”). It is true that the assertion of legislative privilege by
those officials delayed the completion of that discovery. See Joint
Motion To Extend Deadlines for Completion of Fact Discovery and
Expert Witness Disclosures, Doc. 161, pp. 1–2 (Mar. 3, 2017);
Joint Motion To Extend Deadlines for Completion of Fact Discovery
and Expert Witness Disclosures, Doc. 170, pp. 1–2 (Mar. 27,
2017). But that does not change the fact that plaintiffs could have
sought a preliminary injunction much earlier. See
Fishman,
supra, at 1330. In considering the balance of equities among
the parties, we think that plaintiffs’ unnecessary, years-long
delay in asking for preliminary injunctive relief weighed against
their request.
Second, a due regard for the public interest in
orderly elections supported the District Court’s discretionary
decision to deny a preliminary injunction and to stay the
proceedings. See
Purcell v.
Gonzalez, 549 U. S.
1, 4–5 (2006) (
per curiam). Plaintiffs themselves
represented to the District Court that any injunctive relief would
have to be granted by August 18, 2017, to ensure the timely
completion of a new districting scheme in advance of the 2018
election season. Despite the District Court’s undisputedly diligent
efforts, however, that date had “already come and gone” by the time
the court ruled on plaintiffs’ motion. 266 F. Supp. 3d,
at 815. (Such deadline has also, of course, long since passed for
purposes of entering a preliminary injunction on remand from this
Court.)
On top of this time constraint was the legal
uncertainty surrounding any potential remedy for the plaintiffs’
asserted injury. At the time the District Court made its decision,
the appeal in
Gill was pending before this Court. The
District Court recognized that our decision in
Gill had the
potential to “shed light on critical questions in this case” and to
set forth a “framework” by which plaintiffs’ claims could be
decided and, potentially, remedied. 266 F. Supp. 3d, at
815–816. In the District Court’s view, “charging ahead” and
adjudicating the plaintiffs’ claims in that fluctuating legal
environment, when firmer guidance from this Court might have been
forthcoming, would have been a mistake.
Id., at 816. Such a
determination was within the sound discretion of the District
Court. Given the District Court’s decision to wait for this Court’s
ruling in
Gill before further adjudicating plaintiffs’
claims, the court reasonably could have concluded that a
preliminary injunction would have been against the public interest,
as an injunction might have worked a needlessly “chaotic and
disruptive effect upon the electoral process,”
Fishman,
supra, at 1330, and because the “purpose of a preliminary
injunction is merely to preserve the relative positions of the
parties until a trial on the merits can be held,”
University of
Tex. v.
Camenisch, 451 U. S. 390, 395 (1981). In
these particular circumstances, we conclude that the District
Court’s decision denying a preliminary injunction cannot be
regarded as an abuse of discretion.
The order of the District Court is
Affirmed.
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