CASE SUMMARY

On December 17, 2021, a group of Pennsylvania voters filed a state lawsuit against Pennsylvania’s Secretary of State and the Director of the Pennsylvania Bureau of Election Services and Notaries challenging the state’s 2010-cycle congressional redistricting plan as unconstitutionally malapportioned in violation of the one person, one vote constitutional requirement. Plaintiffs also asserted the state had failed to enact a new congressional plan after several months and the court’s intervention was necessary to ensure a properly apportioned plan was in place for the 2022 elections. They sought a declaratory judgment the 2010-cycle plan was unconstitutional and unlawful, an injunction barring the plan from use in future elections, and for the court to implement a new, properly apportioned congressional plan.

  • On December 20, 2021, the Commonwealth Court of Pennsylvania consolidated this case with another challenge to Pennsylvania’s congressional districts, Gressman v. DeGraffenreid.
  • On December 21, 2021, plaintiffs filed an application for extraordinary relief with the Pennsylvania Supreme Court, seeking to have it directly assume jurisdiction over the case. The Court denied the application on January 10, 2022.
  • On January 14, 2022, the commonwealth court issued an order setting a January 24, 2022, deadline for the parties to submit plan proposals for the court’s consideration and stating that if the General Assembly failed to enact a plan by January 30, 2022, the court would adopt a plan.
  • A bench trial was held from January 27 – January 28, 2022.
  • On February 2, 2022, days after trial and despite having denied two such requests already, the Pennsylvania Supreme Court granted the plaintiffs’ third application for extraordinary relief to take over the case, citing the impact prolonged appeals would have on the state’s election calendar. The Court designated the presiding commonwealth court judge as special master and directed her to file a recommended redistricting plan and report with the Court by February 7, 2022. The special master submitted her recommended plan and report on February 7.
  • On February 9, 2022, the Pennsylvania Supreme Court issued an order temporarily suspending the 2022 primary election calendar pending further order. Oral arguments were held on February 18, 2022.
  • On February 23, 2022, the Court issued an order adopting the Carter petitioners’ proposed congressional plan, vacating its prior order, and detailing a modified 2022 primary election calendar.
  • On May 24, 2022, an intervenor and proposed intervenor in the Pennsylvania Supreme Court proceedings each filed petitions for writs of certiorari with the U.S. Supreme Court, which were denied on October 3, 2022.

Similar Case: Carter v. DeGraffenreid

CASE LIBRARY

Commonwealth Court of Pennsylvania - No. 464 MD 2021 [together with No. 465 MD 2021] [Formerly Carter v. Degraffenreid II]

Supreme Court of Pennsylvania - No. 141 MM 2021 [together with No. 142 MM 2021]

Supreme Court of Pennsylvania, Middle District - No. 5 MAP 2022 [together with 6 MAP 2022]

Supreme Court of Pennsylvania, Middle District - No. 7 MM 2022

U.S. Supreme Court [Daniels v. Carter]

U.S. Supreme Court [Costello v. Carter] - No. 21-1509