CASE SUMMARY

On February 17, 2022, the Majority Leader of the Pennsylvania House of Representatives filed a petition with the Pennsylvania Supreme Court challenge the 2021 Legislative Reapportionment Commission’s adopted legislative redistricting plans as violating various provisions of the U.S. and Pennsylvania Constitutions. First, petitioner claimed the plans split an excessive number of political subdivisions in violation of article II, § 16 of the state constitution, and that many of those splits were to dilute Republican voting strength in violation of Pennsylvania’s Free and Equal Elections Clause. Next, petitioner alleged the House plan’s 8.65% and the Senate plan’s 8.11% total population deviations violated the one person, one vote requirement under article II, § 16 because efforts to secure partisan gain resulted in larger population deviations. Third, he claimed the Commission lacked authority, without legislative action, to adopt a practice for reallocating incarcerated individuals to their prior home for legislative redistricting purposes. Fourth, he asserted the plans were racial gerrymanders in violation of the 14th and 15th Amendments to the U.S. Constitution, the federal Voting Rights Act, and article I, § 29 of the Pennsylvania Constitution. He sought a judicial declaration the adopted plans were unconstitutional, an order remanding the plan back to the Commission to remedy its violations, and for the court to order the use of the 2010-cycle plans for use in the 2022 elections if the Commission failed to adopt new ones in time.

• On March 16, 2022, the Pennsylvania Supreme Court upheld the adopted legislative plan as constitutional and dismissed all challenges against it.
• On June 1, 2022, the plaintiff filed an application with the U.S. Supreme Court requesting an extension of time to file a petition for writ of certiorari, which was granted on June 8, extending the filing deadline to July 14, 2022.
• On July 14, 2022, plaintiff filed his petition for writ of certiorari with SCOTUS, which was denied on October 31, 2022.

CASE LIBRARY

Supreme Court of Pennsylvania, Middle District - No. 11 MM 2022

• Petition for Review - 2/17/22
• Application of Petitioner Kerry Benninghoff, Individually, and as Majority Leader for the Pennsylvania House of Representatives, for Emergency Relief Directed to the 2022 Elections - 2/17/22
• Answer of Leigh M. Chapman, the Acting Secretary of the Commonwealth, and Jessica Mathis, Director for the Bureau of Election Services and Notaries, to the Application of Petitioner Kerry Benninghoff for Emergency Relief Directed to the 2022 Elections - 2/23/22
• Answer Opposing Application of Petitioner Benninghoff for Emergency Relief Directed to the 2022 Elections - 2/23/22
• Order - 2/25/22
• Application to Amend the Court's February 17, 2022 Order to Allow for Reply Briefs and Oral Argument - 3/4/22
• Answer Opposing Petitioner's Application to Amend the Court's February 17, 2022 Order to Allow for Reply Briefs and Oral Argument - 3/7/22
• Amicus Curiae Brief of the County Commissioners Association of Pennsylvania - 3/7/22
• Brief of Amicus Curiae Concerned Citizens for Democracy in Response to the Petition for Review of Majority Leader Benninghoff and Other Appeals From the Final Plan of the 2021 Legislative Reapportionment Commission - 3/7/22
• Brief of Petitioner-Appellant - 3/7/22
• Answer of Leigh M. Chapman, the Acting Secretary of the Commonwealth, and Jessica Mathis, Director for the Bureau of Election Services and Notaries, to the Application of Petitioner Kerry Benninghoff to Amend the Court's February 17, 2022 Order to Allow for Reply Briefs and Oral Argument - 3/8/22
• Joanna E. McClinton's Answer in Opposition to Petitioner Kerry Benninghoff's Application to Amend the Court's February 17, 2022 Order - 3/8/22
• Order Denying Application to Amend - 3/9/22
• Petitioner's Application for Order Limiting Briefing by Intervenor Joanne E. McClinton, Leader of the Democratic Caucus of the Pennsylvania House of Representatives and Member of the Legislative Reapportionment Commission - 3/9/22
• Answer of Joanna E. McClinton to Petitioner's Application for Order Limiting Briefing - 3/10/22
• Answer Opposing Petitioner's Application for Order Limiting Briefing by Intervenor Democratic Leader McClinton - 3/10/22
• Consolidated Answer of Joanna E. McClinton to Petitions for Review - 3/11/22
• Brief of Senator Jay Costa as Leader of the Senate Democratic Caucus and Commissioner of the Legislative Reapportionment Commission in Support of the 2021 Legislative Reapportionment Commission - 3/11/22
• Brief of Amicus Curiae Pennsylvania Voice in Response to the Petition for Review of Majority Leader Benninghoff and Other Appeals From the Final Plan of the 2021 Legislative Reapportionment Commission - 3/11/22
• Brief of Amici Curiae the League of Women Voters of Pennsylvania, Fair Districts PA, and the Committee of Seventy - 3/11/22
• Brief of Amici Curiae NAACP Pennsylvania State Conference, John Thompson, and Cynthia Alvarado in Support of Approval of the Final Plan - 3/11/22
• Brief for Amici Curiae LatinoJustice PRLDEF and Make the Road Pennsylvania in Opposition to Majority Leader Benninghoff's Petition - 3/11/22
• Petitioner's Application for Order Striking the Newly Submitted Expert Reports Relied Upon by Respondent Commission and Intervenor-Respondent McClinton - 3/11/22
• Consolidated Brief of Joanna E. McClinton in Response to Petitions for Review - 3/11/22
• Answer of Joanna E. McClinton to Application for Order Striking Updated Expert Reports - 3/14/22
• Answer Opposing Petitioner's Application for Order Striking Expert Reports - 3/14/22
• Order Approving Legislative Plan as Constitutional - 3/16/22
• Order Modifying Elections Calendar - 3/16/22

U.S. Supreme Court - No. 22-47 [Formerly No. 21A798, Stay Application]

• Application to Extend the Time to File a Petition for a Writ of Certiorari - 6/1/22
• Petition for Writ of Certiorari - 7/14/22
• Motion for Extension of Time to File Brief in Opposition to Petition for Writ of Certiorari - 7/27/22
• Amici Curiae Brief of Judicial Watch, Inc. and Allied Educational Foundation in Support of Petitioner - 8/17/22
• Opposition Brief of Respondent Joanna E. McClinton - 9/16/22
• Brief of 2021 Legislative Reapportionment Commission in Opposition - 9/16/22
• Reply in Support of Petition for Writ of Certiorari - 9/30/22