4
BENISEK v. LAMONE
Per Curiam
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.)