CASE SUMMARY

On November 10, 2021, an Idaho voter filed a petition with the Idaho Supreme Court challenging the Idaho Commission for Reapportionment’s adopted legislative plan as violating the Idaho Constitution’s requirement that counties be divided only when “reasonably necessary” for equal population purposes. Petitioner sought a judicial declaration the plan was unconstitutional, a writ of prohibition barring the Commission’s final plan and report from being sent to legislative leaders, and for the map to be remanded back to the Commission for revisions.

• On November 23, 2021, the case was consolidated with another challenge to Idaho’s legislative plan, Ada County v. Idaho Comm’n for Reapportionment. On December 17, 2021, two more legislative plan challenges were consolidated with them.
• On January 27, 2022, the Idaho Supreme Court upheld the Commission’s final plan as valid, finding the Commission’s balancing of redistricting criteria was reasonable and applying a “reasonably determined” standard to the Commission’s determinations as to which counties are “reasonably necessary” to divide for constitutional compliance purposes.

Related Cases: Ada County v. Idaho Comm'n for Reapportionment; Stucki v. Idaho Comm'n for Reapportionment; Allan v. Idaho Comm'n for Reapportionment

CASE LIBRARY

Idaho Supreme Court - No. 49261-2021 [together with Nos. 49267-2021, 49261-2021, & 49353-2021]

• Petition for Review - 11/10/21
• Scheduling Order - 11/15/21
• Notice of Transmittal of the Record of Proceedings for the Idaho Commission for Reapportionment - 11/17/21
• Motion for Clarification - 11/18/21
• Motion to Consolidate and Align Briefing Schedule - 11/19/21
• Response to Motion to Consolidate and Align Briefing Schedule - 11/22/21
• Order Denying Motion for Clarification - 11/22/21
• Order Consolidating Actions and Resetting Briefing Schedule - 11/23/21
• Petitioner Branden Durst's Opening Brief - 12/2/21
• Declaration of Branden John Durst - 12/2/21
• Notice of Respondents' Available Dates for Oral Argument - 12/2/21
• Notice of Petitioner's Availability for Oral Argument - 12/2/21
• Notice of Petitioner Ada County's Available Dates for Oral Argument - 12/2/21
• Ada County's Brief in Support of Petition - 12/2/21
• Errata Sheet for Petitioner Branden Durst's Opening Brief - 12/3/21
• City of Eagle's Motion for Leave to File Amicus Curiae Brief in Support of Ada County's Petition Challenging the Constitutionality of Reapportionment Plan L03 - 12/14/21
• Conditional Non-Opposition to City of Eagle's Motion for Leave to File Amicus Curiae Brief - 12/16/21
• Notice of Non-Opposition to Chief J. Allan and Devon Boyer Motion to Consolidate - 12/17/21
• Order to Consolidate and Set Briefing Schedule - 12/17/21
• Order Granting the City of Eagle Permission to File an Amicus Curiae Brief - 12/17/21
• Motion to File Corrected Respondents Idaho Commission for Reapportionment's and Lawrence Denney's Response Brief - 12/17/21
• Verified Petition to Intervene, or in the Alternative, Challenging Reapportionment Plan L03 and Request for Writ of Prohibition and Remand - 12/17/21
• Order Granting Petition to Intervene - 12/22/21
• Order Granting Motion to File Corrected Brief - 12/22/21
• Corrected Respondents Idaho Commission for Reapportionment's and Lawrence Denney's Response Brief - 12/22/21
• Intervenor-Petitioner Canyon County's Opening Brief - 12/22/21
• Petitioner Branden Durst's Reply Brief to Respondents' Corrected Response Brief - 12/23/21
• Respondents Idaho Commission for Reapportionment's and Lawrence Denney's Response Brief to Petitioner Spencer Stucki - 12/23/21
• Petitioner Ada County's Reply Brief to Respondents' Corrected Response Brief - 12/23/21
• Petitioner Stucki's Reply Brief to Respondents' Response Brief - 12/30/21
• Respondents Idaho Commission for Reapportionment and Lawrence Denney's Response Brief to Petitioners Chief J. Allan and Devon Boyer - 12/30/21
• Amicus Curiae Brief of the City of Eagle - 12/30/21
• Respondents Idaho Commission for Reapportionment and Lawrence Denney's Response Brief to Intervenor-Petitioner Canyon County - 1/3/22
• Order Scheduling Oral Argument - 1/4/22
• Reply Brief of Petitioners Chief J. Allan and Devon Boyer - 1/7/22
• Opinion - 1/27/22