CASE SUMMARY
On January 20, 2022, a group of Michigan voters filed a federal lawsuit against Michigan’s Secretary of State, the state’s Independent Citizens Redistricting Commission and its Commissioners challenging the adopted congressional redistricting plan as violating the U.S. Constitution. Plaintiffs alleged the plan was malapportioned in violation of the one person, one vote requirement under Article I, § 2 of the U.S. Constitution, citing inadequate justifications for the plan’s deviation and the fact a plan with near zero population deviations was possible. They also argued the Commissioners inconsistently and arbitrarily applied the state constitution’s redistricting criteria when drawing districts in violation of the 14th Amendment’s Equal Protection Clause. They sought a judicial declaration the plan was unconstitutional, an injunction barring the plan from use in future elections, and for the court to set a deadline for the Commission to adopt a remedial plan and, if they fail, to adopt one itself.
- On March 4, 2022, the federal district court dismissed the plaintiffs’ Equal Protection claim, finding judicial review of claims involving divided "communities of interest” posed the same vagueness and partisan fairness issues as partisan gerrymandering claims and they should therefore be treated as nonjusticiable in federal courts as well.
- On April 1, 2022, the court denied the plaintiffs’ request for a preliminary injunction. Plaintiffs filed a notice of appeal to the U.S. Supreme Court on April 29, 2022.
- On November 7, 2022, SCOTUS issued an order dismissing the appeal as moot. Plaintiffs filed a stipulation of voluntarily dismissal with the district court on January 14, 2023.
CASE LIBRARY
U.S. District Court for the Western District of Michigan, Southern Division - No. 1:22-cv-54
- Complaint - 1/20/22
- Letter Requesting Three-Judge Panel - 1/25/22
- First Amended Complaint - 1/27/22
- Plaintiffs' Motion for a Preliminary Injunction and Exhibits - 1/27/22
- Order Appointing Three-Judge Panel - 2/1/22
- Proposed-Intervenor-Defendants' Opposed Motion to Intervene - 2/2/22
- Plaintiffs' Motion for Expedited Consideration of Their Motion for Preliminary Injunction - 2/4/22
- Proposed Intervenor-Defendant Voters Not Politicians' Motion for Leave to Intervene as Defendant - 2/7/22
- Order Setting Briefing Schedule - 2/8/22
- Motion for Expedited Oral Argument - 2/9/22
- Plaintiffs' Opposition to the Michigan Voters' Motion to Intervene - 2/10/22
- Plaintiffs' Opposition to Voters Not Politicians' Motion to Intervene - 2/10/22
- Order Denying Motion to Expedite Oral Argument - 2/11/22
- Order Granting Motion to Intervene - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Partial Motion to Dismiss - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Answer to Plaintiffs' First Amended Complaint - 2/11/22
- Proposed Intervenor-Defendants' Partial Motion to Dismiss - 2/11/22
- Intervenor-Defendants' Answer to First Amended Complaint - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Brief in Opposition to Motion for Preliminary Injunction - 2/18/22
- Plaintiffs' Opposition Brief to Intervenor-Defendants Voters Not Politicians' Motion to Dismiss - 2/18/22
- Plaintiffs' Opposition Brief to Intervenor-Defendants Michigan Voters' Motion to Dismiss - 2/18/22
- Defendants' Answer to Plaintiffs' First Amended Complaint - 2/18/22
- Defendants' Partial Motion to Dismiss - 2/18/22
- Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Defendant Secretary of State Jocelyn Benson's Partial Concurrence in Motion to Dismiss - 2/18/22
- Defendant Benson's Answer to Plaintiffs' First Amended Complaint - 2/18/22
- Defendant Michigan Secretary of State Jocelyn Benson's Response to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Plaintiffs' Response to the Commissioner Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction - 2/23/22
- Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction - 2/23/22
- Plaintiffs' Reply to Secretary Benson's Brief in Opposition to Preliminary Injunction - 2/23/22
- Plaintiffs' Opposition to Defendant Commissioners' Motion to Dismiss Count II of Amended Complaint - 2/23/22
- Plaintiffs' Opposition to Defendant Secretary's Partial Concurrence in Motion to Dismiss - 2/23/22
- Plaintiffs' Reply to Voter-Intervenors' Brief in Opposition to Their Motion for Preliminary Injunction - 2/23/22
- Order to File Joint Status Report - 2/24/22
- Joint Status Report - 3/2/22
- Opinion Granting in Part Motion to Dismiss - 3/4/22
- Notice of Preliminary Injunction Hearing - 3/9/22
- Defendants' Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction - 3/22/22
- Plaintiffs' Supplemental Brief in Support of Their Motion for Preliminary Injunction - 3/22/22
- Order - 3/23/22
- Plaintiffs' Opposition to Defendant Commissioners' Supplemental Brief - 3/25/22
- Opinion Denying Plaintiffs' Motion for Preliminary Injunction - 4/1/22
- Order Denying Plaintiffs' Motion for a Preliminary Injunction - 4/1/22
- Notice of Appeal of Order Denying Preliminary Injunction - 4/29/22
- Order - 1/3/22
- Stipulation of Voluntary Dismissal - 1/14/23
U.S. Supreme Court - No. 22-92 [Formerly No. 21A831]
- Application for Extension of Time to File a Jurisdictional Statement - 6/14/22
- Letter Extending Time to Docket Appeal - 6/27/22
- Jurisdictional Statement - 7/28/22
- Defendants-Appellees' Motion for Extension of Time to Respond to Jurisdictional Statement - 8/4/22
- Motion to Dismiss or Affirm of the Members of the Michigan Independent Citizens Redistricting Commission - 9/30/22
- Appellee Michigan Secretary of State's Response to Appellants' Jurisdictional Statement - 9/30/22
- Motion to Dismiss or Affirm - 9/30/22
- Motion to Affirm of Intervenor-Appellee Voter Not Politicians - 9/30/22
- Reply Brief in Support of Jurisdictional Statement - 10/14/22