Supreme Court Faces NAACP Request to Recall Judgment in Callais Case for Rehearing Consideration

The NAACP on May 5, 2026, formally requested that the Supreme Court withdraw its judgment in the Callais case to permit the full period for filing a motion for reconsideration. Reason reported that the request emphasizes the appellants' earlier expression of interest in seeking rehearing, countering the basis for the court's expedited action.

The filing asks the court to recall the judgment, reconsider its order, and deny the application for immediate issuance, or alternatively provide 15 days until May 14, 2026, for rehearing.

The Supreme Court decided the Callais case on April 29, 2026. That same day, the non-African American plaintiffs asked the court to issue the judgment immediately. Justice Alito called for a response to be filed by April 30, 2026, after which the NAACP submitted its opposition.

In their response, the Robinson Appellants opposed the appellees' application for expedited issuance of the court's judgment. They stated that the court should afford appellants the opportunity to consider seeking rehearing in the ordinary course. 1, which provides 25 days to file a motion for rehearing of any judgment.

Reason reported that the case is on the emergency docket, underscoring the time-sensitive nature of the proceedings. The sole basis cited in the court's order for granting the application and issuing the judgment forthwith was that the Robinson Appellants had not expressed any intent to ask the court to reconsider its judgment.

However, in the second sentence of the appellants' opposition to the application, they requested the opportunity to consider seeking rehearing.

The Robinson Appellants' response to the appellees' application for issuance of a copy of the opinion and certified copy of the judgment forthwith was filed on April 30, 2026, in case No. 25A1197. In the recent filing, the appellants stated they intend to request rehearing in this case.

They respectfully request that the court recall the judgment, reconsider its order granting the application, and deny the application. Alternatively, the appellants ask the court to recall the judgment and provide them 15 days from the date of its decision in this case, or until May 14, 2026, to seek rehearing. 1, noting it allows parties 25 days to seek rehearing of any judgment of the court.

The NAACP's actions follow the court's decision to proceed with expedited issuance despite the appellants' stated interest in potential rehearing. The sequence began with the April 29, 2026, ruling, prompting immediate requests and responses amid the emergency docket context.

The NAACP's May 5 filing directly addresses the perceived oversight in the court's order regarding the appellants' intentions.

Appellants maintain that their earlier response clearly indicated a desire to consider rehearing options under the standard rule timeframe.