CASE SUMMARY

On March 21, 2022 a group of Ohio voters filed a lawsuit against Ohio's Secretary of State, the Speaker of the Ohio House, the President of the Ohio Senate and the Ohio Redistricting Commission challenging the state's remedial congressional plan, which was adopted by the Ohio Redistricting Commission after the Ohio Supreme Court struck down the General Assembly's original plan in Adams v. DeWine, as violating the Ohio Constitution. Plaintiffs allege the remedial plan contains the same constitutional violations as its predecessor: it was drawn to disproportionately advantage the Republican Party and its candidates in violation of Article XIX, Section 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 it unduly and excessively divides communities and political subdivisions throughout the state in violation of Article XIX, Section 1(C)(3)(b), which provides the General Assembly "shall not unduly split governmental units." The plaintiffs assert despite the remedial plan having been adopted by the Commission following the General Assembly's failure to pass one by its deadline, it should nonetheless be subject to those provisions' restrictions because it was adopted in response to the Court's order to enact a new plan that "remed[ies] any legal defects in the previous plan identified by the court." They are seeking a judicial declaration that the remedial congressional plan violates Article XIX of the Ohio Constitution, an injunction barring the defendants from implementing or using the plan in future elections, a stay on relevant election-related deadlines in advance of the 2022 primary and general elections, and for the Court to move the 2022 primary dates so a valid plan may be used in them. As for the map, they are asking the Court to either order the adoption of a new map, chosen by the Court, that remedies the defects articulated in its prior opinion, or require the General Assembly, or Commission if necessary, to adopt a new plan remedying those defects.

On March 29, the Court consolidated this case with another challenge to Ohio's remedial congressional plan, League of Women Voters of Ohio v. LaRose. On July 19, the Court issued an opinion and order striking down the remedial congressional plan as unconstitutional on the grounds it unduly favored the Republican Party and disfavored the Democratic Party in violation of Article XIX, Section 1(C)(3)(a). The Court ordered the General Assembly to pass a new congressional plan that complies with the Ohio Constitution within 30 days and, if they fail to do so, requiring the Ohio Redistricting Commission to adopt a congressional plan within 30 days of the General Assembly's failure. The defendants appealed the Ohio Supreme Court's ruling by filing a petition for a writ of certiorari with the U.S. Supreme Court on October 14, 2022.

Related Cases: League of Women Voters of Ohio 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. 2022-0298 [together with No. 2022-0303]

U.S. Supreme Court - No. 22-362

Ohio Supreme Court - No. 2022-0298 [together with No. 2022-0303] [Remand]

Neiman v. DeWine
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