CASE SUMMARY
On March 23, 2022, a group of Michigan voters filed a federal lawsuit against Michigan’s Secretary of State, its Independent Citizens Redistricting Commission, and the Commission’s members challenging the state’s adopted legislative redistricting plans as unconstitutional racial gerrymanders and diluting Black voters’ voting strength in violation of Section 2 of the federal Voting Rights Act (“VRA”). They sought a judicial declaration the plans are unconstitutional and unlawful, a court order requiring the State to adopt remedial plans, and, if necessary, for the court to appoint a special master to draw remedial plans if the State failed to do so.
- A bench trial was held from November 1 to November 8, 2023.
- On December 21, 2023, the district court struck down the legislative plans as a racial gerrymander in violation of the 14th Amendment. The defendants filed a notice of appeal to the U.S. Supreme Court and requested a stay pending appeal from the district court on January 4, 2024.
- The district court held a remedial hearing on January 5, 2024, and denied the defendants’ request for a stay on January 8.
- The defendants filed their application for a stay with the U.S. Supreme Court on January 9, 2024.
- On January 11, the court ordered the Commission to adopt and submit its remedial state House plan to the court by March 1, 2024, appointed special masters to review the submitted plan and draft their own if necessary, and established a March 29, 2024, deadline for final approval of a remedial state House plan. Thereafter, the parties would meet and confer by April 12 to determine a timeline for a remedial state Senate plan.
- The Commission adopted a new state house plan on time.
- On July 26, 2024, the three judge panel approved the commission's remedial state Senate map.
Similar Case: Banerian v. Benson
CASE LIBRARY
U.S. District Court for the Western District of Michigan, Southern Division - No. 1:22-cv-272
- Complaint - 3/23/22
- Letter to Court Requesting Three-Judge Panel - 3/25/22
- Order Appointing Three-Judge Panel - 3/29/22
- First Amended Complaint for Declaratory Relief - 4/13/22
- Stipulated Order Extending Time for Defendant Benson to Respond to Complaint - 6/1/22
- Defendant Secretary of State Jocelyn Benson's Motion to Dismiss - 6/14/22
- Defendant Michigan Secretary of State Jocelyn Benson's Brief in Support of Motion to Dismiss - 6/14/22
- Commission Defendants' Answer to Plaintiffs' First Amended Complaint - 6/17/22
- Plaintiffs' Brief in Opposition to Defendant Secretary of State Jocelyn Benson's Motion to Dismiss - 7/12/22
- Stipulated Order Extending Time for Defendant Benson to File Reply Brief - 7/27/22
- Defendant Michigan Secretary of State Jocelyn Benson's Reply Brief in Support of Motion to Dismiss - 8/9/22
- Motion for Leave to File Brief of Amici Curiae Common Cause and Professor Jon X. Eguia in Support of Neither Party - 8/26/22
- Commission Defendants' Opposition to Motion for Leave to File Brief of Amici Curiae Common Cause and Professor Jon E. Eguia in Support of Neither Party - 9/9/22
- Order Denying Defendant Jocelyn Benson's Motion to Dismiss - 9/21/22
- Order Denying Motion for Leave to File Amici Brief - 9/26/22
- Defendant Benson's Answer to Plaintiffs' First Amended Complaint - 10/5/22
- Joint Status Report - 10/17/22
- Case Management Order - 11/1/22
- Order Scheduling Motions Hearing - 12/14/22
- Plaintiffs' Expert Witness List - 12/28/22
- The Parties' Joint Motion for Leave to Permit Commission Defendants to Take Depositions After the Close of Discovery - 4/4/23
- Order Granting Motion for Leave for Commission Defendants to Take Depositions After the Close of Discovery - 4/6/23
- Consent Motion to Amend the Dispositive Motion Briefing Schedule Due to Deposition Transcript Availability - 5/3/23
- Order Granting Motion to Amend the Dispositive Motion Briefing Schedule - 5/4/23
- Plaintiffs' and the Commission's Joint Motion for Leave to File Joint Appendix - 5/4/23
- Order Granting Joint Motion to File Joint Appendix - 5/5/23
- Plaintiffs' Motion for Summary Judgment - 5/9/23
- The Commission's Motion for Summary Judgment - 5/9/23
- The Commission's Brief in Support of Motion for Summary Judgment - 5/9/23
- Certificate Regarding Motion Concurrence - 5/9/23
- Joint Appendix - 5/9/23
- Defendant Michigan Secretary of State Jocelyn Benson's Response to Plaintiffs' Motion for Summary Judgment - 6/6/23
- Plaintiffs' Brief in Opposition to the Commission Defendants' Motion for Summary Judgment - 6/6/23
- The Commission's Brief in Opposition to Plaintiffs' Motion for Summary Judgment - 6/6/23
- Plaintiffs' Reply Brief in Support of Their Motion for Summary Judgment - 6/20/23
- Plaintiffs' Reply Brief in Support of Their Motion for Summary Judgment (Exhibits) - 6/20/23
- The Commission's Reply Brief in Support of Motion for Summary Judgment - 6/20/23
- Order Denying Plaintiffs' Motion for Summary Judgment and Granting in Part and Denying in Part the Defendants' Motion for Summary Judgment - 8/29/23
- Amended Supplemental Order Regarding Trial Schedule - 9/13/23
- [Proposed] Final Pretrial Order - 9/26/23
- Uncontroverted Facts - 9/29/23
- Motion of the Commission to Strike "Supplemental and Rebuttal" Report of Sean Trende and in Limine Precluding Plaintiffs From Offering the Report at Trial - 10/4/23
- Brief in Support of the Commission's Motion to Strike "Supplemental and Rebuttal" Report of Sean Trende ... - 10/4/23
- Certificate Regarding Request for Motion Concurrence - 10/4/23
- Order Regarding Response to Motion - 10/5/23
- Final Pretrial Order - 10/5/23
- Plaintiff's Brief in Opposition to Defendants' Motion to Strike Supplemental and Rebuttal Report of Sean Trende [...] - 10/11/23
- Order Regarding Defendants' Motion to Strike - 10/20/23
- Defendant Michigan Secretary of State Jocelyn Benson's Post-Trial Brief - 12/4/23
- Plaintiffs' Proposed Findings of Fact and Conclusions of Law and Appendix- 12/4/23
- Plaintiffs' Post-Trial Brief - 12/4/23
- Order Regarding Transcripts - 12/5/23
- Motion of the Commission to Strike Certain Evidence Untimely Presented by Plaintiffs - 12/8/23
- Brief in Support of the Motion of the Commission to Strike Certain Evidence Untimely Presented by Plaintiffs - 12/8/23
- Certificate Regarding Request for Motion Concurrence - 12/8/23
- Amended Certificate Regarding Request for Motion Concurrence - 12/8/23
- Transcript to Michigan Independent Citizens Redistricting Commission's October 27, 2021, Closed Session Meeting - 12/11/23
- Order Regarding Defendants' Motion to Strike - 12/11/23
- Amended Transcript to Michigan Independent Citizens Redistricting Commission's October 27, 2021, Closed Session Meeting - 12/11/23
- Plaintiffs' Brief Opposing Defendants' Motion to Strike Certain Evidence - 12/14/23
- Order Regarding Defendants' Motion to Strike Evidence - 12/15/23
- Opinion and Order - 12/21/23
- Scheduling Order - 12/21/23
- Order Scheduling Hearing - 12/26/23
- Joint Motion for Stay of Plaintiffs' Deadline to File Motion for Fees and Costs - 12/29/23
- The Commission's Response to the Court's Order for Supplemental Briefing on the Remedy Issue - 1/2/24
- Plaintiffs' Supplemental Brief on Proposed Remedy - 1/2/24
- Order Granting Joint Motion for Stay of Plaintiffs' Deadline to File Motion for Fees and Costs - 1/2/24
- Order Regarding Meet and Confer - 1/3/24
- Notice of Appeal - 1/4/24
- Expedited Consideration Requested - 1/4/24
- Certificate Regarding Request for Motion Concurrence - 1/4/24
- Plaintiffs' and the Commission Defendants' Joint List of Proposed Special Masters - 1/5/24
- Plaintiffs' Proposed Timeline Pursuant to Order Regarding Meet and Confer Order - 1/5/24
- Brief of the Michigan Independent Citizens Redistricting Commission Concerning Proposed Remedial Timeline - 1/5/24
- Defendant Michigan Secretary of State Jocelyn Benson's Supplemental Brief Regarding Remedy Timeline - 1/5/24
- Certificate of Service - 1/5/24
- Motion of the Michigan Senate for Leave to File Brief as Amicus Curiae - 1/5/24
- Certificate of Concurrence - 1/5/24
- Brief of the Michigan Senate as Amicus Curiae - 1/5/24
- Minutes - 1/5/24
- Order Denying Motion to Stay Injunction - 1/8/24
- Plaintiffs' and the Commission Defendants' Joint List of Proposed Special Masters Following January 5, 2024, Remedy Hearing - 1/8/24
- Scheduling Order Regarding Redistricting - 1/11/24
- Declaration of Bernie Grofman - 1/11/24
- Declaration of Michael Barber - 1/12/24
- Order Denying Request for Special Elections - 1/12/24
- Order Appointing Mapping Special Master - 1/16/24
- Plaintiffs' Objection to Proposed Special Master Bernard Grofman - 1/16/24
- Three-Judge Panel Appointed Pursuant to 28 U.S.C. § 2284(a) - 1/16/24
- Response of the MIRC to Plaintiffs' Objection to Proposed Special Master Bernard Grofman - 1/17/24
- Notice of the MICRC Concerning Proposed Remedial Plans and Public Hearings - 2/2/24
- Notice to the Clerk of the United States District Court for the Western District of Michigan - 2/20/24
- Notice of the MICRC Concerning Adoption of Final Remedial Plan - 3/1/24
- Plaintiffs' Objections to Defendants' Remedial State House Plan - 3/8/24
- Response of the MICRC to Plaintiffs' Objection to the Commission's Proposed Remedial House Plan - 3/15/24
- Report of the Reviewing Special Master, Bernard Grofman - 3/18/24
- Order - 3/18/24
- Plaintiffs' Response to Report by Reviewing Special Master Bernard Grofman - 3/25/24
- Comments of the MICRC to Report of the Reviewing Special Master - 3/25/24
- Opinion and Order - 3/27/24
- Scheduling Order - 4/2/24
- Notice of Submission of Proposed Remedial Senate Plan Timeline - 4/12/24
- Order Regarding Senate Timeline and Fees - 4/15/24
- Order - 5/2/24
- Stipulation of Voluntary Dismissal of Appeal to the U.S. Supreme Court - 5/3/24
- Order regarding Stipulation of Voluntary Dismissal of Appeal to the U.S. Supreme Court - 5/7/24
- Notice of the [MICRC] Concerning Proposed Senate Remedial Plans - 5/22/24
- Order Approving Fees - 6/24/24
- Notice of the Michigan Independent Citizens' Redistricting Commission Concerning Adoption of Final Senate Remedial Plan - 6/27/24
- Plaintiffs' Statement of Non-Objection to Defendants' Final Senate Remedial Plan - 7/2/24
- Certificate of Service - 7/2/24
- Notice Regarding Forthcoming Reviewing Special Master Report - 7/12/24
- Report of the Reviewing Special Master Report - 7/12/24
- Response of the MICRC to Plaintiffs' Statement of Non-Objection to the Commission's Proposed Remedial Senate Plan - 7/12/24
- Signed Copy of the Report of the Reviewing Special Master Report - 7/15/24
- Response of the MICRC to Report of the Reviewing Special Master Regarding Michigan State Senate Map - 7/19/24
- Order Approving Fees - 7/25/24
- Opinion and Order - 7/26/24
- Judgment - 7/26/24
- Stipulation and Proposed Consent Order as to Plaintiffs' Fees and Expenses - 8/7/24
- Stipulation and Consent Order as to Plaintiffs' Fees and Expenses - 8/12/24
Supreme Court of the United States - No. 23A641
- Emergency Application for Stay and Request for an Immediate Administrative Stay - 1/9/24
- Appendix to Emergency Application for Stay - 1/9/24
- Response in Support of Emergency Application for Stay and Request for an Immediate Administrative Stay - 1/17/24
- Opposition to Emergency Application for Stay and Request for an Immediate Administrative Stay - 1/17/24
- Reply Brief in Support of Emergency Application for Stay and Request for an Immediate Administrative Stay - 1/18/24
- Order - 1/22/24