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Shapiro v. McManus

Docket No.: 14-990
Certiorari Granted: 06/08/15
Argued: November 4, 2015

Topics:

Article I, Voting Rights Act, interstate commerce

PartyNames: Stephen M. Shapiro, et al. v. David J. McManus, Jr., Chairman, Maryland State Board of Elections, et al.
Petitioner: Stephen M. Shapiro, et al.
Respondent: David J. McManus, Jr., Chairman, Maryland State Board of Elections, et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 584 Fed.Appx. 140
Supreme Court Docket

Stephen M. Shapiro, et al.
v.
David J. McManus, Jr., Chairman, Maryland State Board of Elections, et al.
Background:

The Three-Judge Court Act requires the conven-ing of three-judge district courts to hear a wide range of particularly important lawsuits, including constitutional challenges to the apportionment of congressional districts and certain actions under the Voting Rights Act, Bipartisan Campaign Reform Act, Prison Litigation Reform Act, and Communications Act. The Three-Judge Court Act provides that a three-judge court shall be convened to hear such cases unless the single judge to whom the case is initially referred "determines that three judges are not required." 28 U.S.C. 2284(a), (b)(1). In Goosby v. Osser, 409 U.S. 512 (1973), this Court held that the Three-Judge Court Act "does not require the convening of a three-judge court when the [claim] is insubstantial." Id. at 518. A claim is insubstantial "for this purpose" if it is "'obviously frivolous,''' "'essentially fictitious,'" or "inescapably * * * foreclose[d]" by this Court's precedents. Ibid. The question presented, which has

Question Presented:

May a single-judge district court determine that a complaint covered by 28 U.S.C. 2284 is insubstantial, and that three judges therefore are not required, not because it concludes that the complaint is wholly frivolous, but because it concludes that the complaint fails to state a claim under Rule 12(b)(6)?

Shapiro v. McManus
ORAL ARGUMENT

November 4, 2015

Listen to Oral Argument in Shapiro v. McManus
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