20
ABBOTT v. PEREZ
Opinion of the Court
diction here, Brief for Appellees in No. 17–626, p. 34; post,
at 14–16, and n. 8, but there is no reason to fear such a
flood. Because §1253 expressly authorizes “interlocutory”
appeals, there is no question that there can be more than
one appeal in a case challenging a redistricting plan.
District courts sometimes expressly enjoin the use of
districting plans before moving on to the remedial phase.
See, e.g., Whitford v. Gill, No. 3:15–cv–421, Doc. No. 190
(WD Wis., Feb. 22, 2017); Harris v. McCrory, No. 1:13–cv–
949, Doc. No. 143 (MDNC, Feb. 5, 2016). But appeals
from such orders have not overwhelmed our docket. Our
holding here will affect only a small category of additional
cases.16
It should go without saying that our decision does not
mean that a State can always appeal a district court order
holding a redistricting plan unlawful. A finding on liability cannot be appealed unless an injunction is granted or
denied, and in some cases a district court may see no need
for interlocutory relief. If a plan is found to be unlawful
long before the next scheduled election, a court may defer
any injunctive relief until the case is completed. And if a
plan is found to be unlawful very close to the election date,
the only reasonable option may be to use the plan one last
time.
We appreciate our obligation to heed the limits of our
jurisdiction, and we reiterate that §1253 must be strictly
construed. But it also must be sensibly construed, and
here the District Court’s orders, for all intents and purposes, constituted injunctions barring the State from
conducting this year’s elections pursuant to a statute
enacted by the Legislature. Unless that statute is uncon——————
16 The dissent cites exactly two cases (Gunn and Whitcomb) decided
during the past half-century in which a party attempted to take an
appeal to this Court from a three-judge court order holding a state
statute unconstitutional but declining to issue an injunction.