Case Summary

On February 25, 2021, the State of Ohio filed a federal lawsuit against the U.S. Department of Commerce, its Acting Secretary, the U.S. Census Bureau, and its Acting Director challenging the Bureau’s delayed release of 2020 Census redistricting data to the states as violating federal law. The federal Census Act requires the Secretary of Commerce to tabulate and report population data to the states “as expeditiously as possible” after the decennial census but, in any event, “no later than one year after the decennial census date,” making this deadline March 31, 2021. Plaintiff alleged the defendants’ decision to delay this release until September 30, 2021, would prevent the State from meeting its state constitutional redistricting deadlines and, in so deciding, defendants violated both the Census Act and Administrative Procedure Act. They sought a judicial declaration the defendants’ delay decision was unlawful and an injunction either barring the defendants from releasing Ohio’s redistricting data later than March 31, 2021, or otherwise requiring them to provide such data to the state at the earliest date deemed equitable.

• On March 24, 2021, the U.S. District Court for the Southern District of Ohio denied the requested preliminary injunction and dismissed the case for lack of jurisdiction. The court found the plaintiff lacked standing because their alleged injury wasn’t redressable by the court, citing the Census Bureau’s statement that it would be “impossible” for them to provide redistricting data to the states earlier than September 30, 2021, and the plaintiff’s injury was not sufficiently shown to be caused by the defendants’ actions because under the Ohio Constitution, the State could use alternative data sources to redraw its districts and the State had not claimed these alternatives were less reliable than census data. Plaintiff appealed to the U.S. Court of Appeals for the Sixth Circuit the same day.
• A Sixth Circuit panel heard oral arguments on May 12, 2021.
• On May 18, 2021, the Sixth Circuit reversed and remanded on the grounds Ohio had sufficiently established standing because the defendants’ decision did cause injury to Ohio and that injury was redressable by the court.
• On May 25, 2021, the parties jointly moved to hold the case in abeyance after reaching an agreement wherein the Census Bureau would provide Ohio with “legacy” format redistricting data by August 16, 2021, and thereafter would periodically update the court on the status of the full data set.
• On August 12, 2021, the Census Bureau released the 2020 Census “legacy” format data and, on the following day, Ohio moved to voluntarily dismiss their lawsuit. The district court granted dismissed on August 16, 2021, thereby ending the case.

Case Library

U.S. District Court for the Southern District of Ohio - 3:21-cv-00064

• Complaint for Injunctive and Mandamus Relief - 2/25/21
• The State of Ohio's Combined Motion for a Preliminary Injunction, Petition for a Writ of Mandamus, and Memorandum in Support of the Combined Motion and Petition - 2/25/21
• Defendants Opposition to Plaintiff's Motion for Preliminary Injunction and Writ of Mandamus - 3/12/21
• Declaration of Michael Thieme - 3/12/21
• Declaration of James Whitehorne - 3/12/21
• Reply in Support of Combined Motion for Preliminary Injunction and Petition for a Writ of Mandamus - 3/14/21
• Amicus Curiae Brief for National Urban League; League of Women Voters; Black Alliance for Just Immigration; King County, Washington; City of San Jose, California; The NAACP; The Navajo Nation; City of Los Angeles; City of Salinas; City of Chicago; and Gila River Indian Community - 3/15/21
• Status Report - 3/17/21
• Entry and Order Denying Plaintiff's Motion for Preliminary Injunction, ECF. 6, Dismissing Case for Lack of Jurisdiction, and Terminating Case - 3/24/21
• Plaintiff State of Ohio's Notice of Appeal - 3/24/21
• Notice of Appeal - 3/25/21
• USCA Order 33 - 5/18/21
• USCA Order 34 - 5/19/21
• USCA Mandate - 5/19/21
• Entry and Order Concerning Scheduling - 5/25/21
• Joint Motion to Hold Case in Abeyance - 5/25/21
• Notice - 6/14/21
• Notice - 6/28/21
• Notice - 7/12/21
• Notice - 7/26/21
• Notice - 8/2/21
• Notice - 8/9/21
• Plaintiff's Notice of Voluntary Dismissal - 8/13/21

U.S. Court of Appeals for the Sixth Circuit - No. 21-3294

• Appeal Docketed - 3/25/21
• Opening Brief of the State of Ohio - 3/26/21
• Brief for National Redistricting Foundation as Amicus Curiae in Support of Defendants-Appellees - 4/12/21
• Brief for Appellees - 4/12/21
• Reply Brief of the State of Ohio - 4/15/21
• Court's Letter to Census Bureau Requesting Updated Declarations - 5/10/21
• Updated Declaration of James Whitehorne - 5/11/21
• Per Curiam Opinion - 5/18/21
• Unopposed Motion for Immediate Issuance of the Mandate - 5/19/21
• Order - 5/19/21
• Mandate - 5/19/21