CASE SUMMARY
On March 22, 2022, a coalition of civil rights organizations and Ohio voters filed a petition with the Ohio Supreme Court challenging the Ohio Redistricting Commission’s remedial congressional plan, which was adopted after the General Assembly’s congressional plan was struck down in Adams v. DeWine, as violating the Ohio Constitution. Plaintiffs alleged the Commission’s congressional plan, like the General Assembly’s before it, violated Article XIX, § 1(C)(3)(a), which prohibits the General Assembly from passing a plan that “unduly favors or disfavors a political party or its incumbents,” and Article XIX, § 1(C)(3)(b), which states the General Assembly “shall not unduly split governmental units.” Although these provisions refer to the General Assembly, plaintiffs argued they should still apply to the Commission’s plan because it was adopted pursuant to the Ohio Supreme Court’s order to enact a new plan that “remedied any legal defects in the previous plan identified by the court.” They sought a judicial declaration the Commission’s plan was unconstitutional, an injunction barring the plan from use in future elections, and a court order requiring the General Assembly or Commission to pass or adopt a new plan remedying the defects identified in the Adams decision in time for the 2024 election.
- On March 29, 2022, the Court consolidated this case with another challenge to the Commission’s remedial congressional plan, Huffman v. Neiman.
- On July 19, 2022, the Court struck down the Commission’s congressional plan as an unconstitutional partisan gerrymander in violation of Article XIX, § 1(C)(3)(a) and issued an order requiring the General Assembly to pass a new, constitutional plan within 30 days and, if they failed to do so, requiring the Ohio Redistricting Commission to adopt a congressional plan within 30 days of the General Assembly’s failure.
- On October 14, 2022, defendants filed a petition for a writ of certiorari with the U.S. Supreme Court appealing whether the Ohio Supreme Court’s enforcement and interpretation of the Ohio Constitution’s congressional redistricting provisions complied with the U.S. Constitution’s Elections Clause.
- On June 30, 2023, SCOTUS granted certiorari, vacated the Ohio Supreme Court’s decision, and remanded the case for further consideration in light of its recent decision involving the U.S. Constitution’s Elections Clause, Moore v. Harper.
- On August 23, 2023, the Ohio Supreme Court requested additional briefing from the parties regarding the impact of SCOTUS’s ruling and what additional proceedings should be held.
- On September 5, 2023, the plaintiffs filed an application for dismissal which the Ohio Supreme Court granted on September 7, 2023, thereby ending the case.
Related Cases: Neiman v. LaRose; League of Women Voters of Ohio v. DeWine; Adams v. DeWine
Similar Cases: Bennett v. Ohio Redistricting Comm'n; League of Women Voters of Ohio v. Ohio Redistricting Comm'n; Ohio Organizing Collaborative v. Ohio Redistricting Comm'n
CASE LIBRARY
Ohio Supreme Court - No. 2022-0303 [together with No. 2022-0298]
- Complaint - 3/22/22
- Exhibits to Complaint (Vol. I of II) - 3/22/22
- Exhibits to Complaint (Vol. II of II) - 3/22/22
- Petitioners' Motion for Scheduling Order - 3/22/22
- Order - 3/23/22
- Respondent Secretary of State Frank LaRose's Response to Petitioners' Motion for Scheduling Order - 3/23/22
- Response to Motion for Scheduling Order - 3/24/22
- Consolidation Order - 3/29/22
- First Amended Complaint - 3/30/22
- Exhibits to Amended Complaint (Vol. I of II) - 3/30/22
- Exhibits to Amended Complaint (Vol. II of II) - 3/30/22
- Answer and Affirmative Defenses of Respondents Huffman and Cupp to Petitioners' First Amended Complaint - 4/15/22
- Ohio Secretary of State Frank LaRose's Answer to Petitioners' First Amended Complaint - 4/15/22
- Respondent the Ohio Redistricting Commission's Answer to Petitioners' First Amended Complaint - 4/15/22
- Stipulation of Evidence - 4/22/22
- Stipulation of Evidence (USB Drive) - 4/25/22
- Presentation of Evidence by Respondents Huffman and Cupp - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Native Files) - 4/25/22
- Neiman Petitioners' Evidence - 4/25/22
- Neiman Petitioners' Evidence (Vol. I of Exhibits) - 4/25/22
- Neiman Petitioners' Evidence (Vol. II of Exhibits) - 4/25/22
- Neiman Petitioners' Evidence (Vol. III of Exhibits) - 4/25/22
- Neiman Petitioners' Evidence (Vol. IV of Exhibits) - 4/25/22
- Neiman Petitioners' Evidence (Vol. V of Exhibits: USB Drive) - 4/25/22
- Affidavit of Dr. Kosuke Imai: Petitioners' Evidence (Expert Report) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Expert Reports) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Depositions, Case No. 2021-1449) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Depositions, Exhibits Appendix A) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Depositions, Exhibits Appendix B) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Discovery Production) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Government Materials) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Government Materials Exhibits Appendix A) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Government Materials Exhibits Appendix B) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Media Materials) - 4/25/22
- Affidavit of Freda J. Levenson: Petitioners' Evidence (Jen Miller Affidavit) - 4/25/22
- Joint Motion by LWVO Petitioners, Neiman Petitioners, and Respondents Huffman and Cupp to Correct the Evidentiary Record - 5/4/22
- Brief of Amici Curiae Ohio Advocacy Organizations in Support of Petitioners - 5/5/22
- League of Women Voters of Ohio Petitioners' Merits Brief - 5/5/22
- Supplement to Petitioners' Merits Brief - 5/5/22
- Neiman Petitioners' Merits Brief - 5/5/22
- Ohio Secretary of State Frank LaRose's Response to Petitioners' Merit Brief - 5/25/22
- Respondent the Ohio Redistricting Commission's Response to Petitioners' Merit Briefs - 5/25/22
- Reply Brief of Amicus Curiae Ohio Advocacy Organizations in Support of Petitioners - 6/1/22
- League of Women Voters of Ohio Petitioners' Reply in Support of Merits Brief - 6/1/22
- Neiman Petitioners' Reply Brief - 6/1/22
- Neiman Petitioners' Motion for Leave to File Rebuttal Evidence - 6/1/22
- League of Women Voters of Ohio Petitioners' Motion for Leave to File Rebuttal Evidence in Support of Petitioners' Reply Brief - 6/3/22
- Respondents Huffman, Cupp, McColley, and LaRe's Response to Petitioners' Motions for Leave to File Rebuttal Evidence - 6/13/22
- Opinion - 7/19/22
- Order - 7/19/22
- Order - 8/23/23
U.S. Supreme Court - No. 22-362
- Petition for Writ of Certiorari - 10/14/22
- Brief of League of Women Voters of Ohio in Opposition - 12/19/22
- Brief for Neiman Respondents in Opposition - 12/19/22
- Reply Brief - 12/30/22
Ohio Supreme Court - No. 2022-0303 [together with No. 2022-0298] [Remand]
- Order - 8/23/23
- Neiman Petitioners' Application of Dismissal - 9/5/23
- Neiman Petitioners' Motion to Vacate Briefing Schedule - 9/6/23
- Order Granting Application for Dismissal - 9/7/23