CASE SUMMARY

On December 30, 2021, the Republican members of New Jersey’s Redistricting Commission filed a lawsuit in the state Supreme Court against the Commission and its Democratic and Independent members challenging the Commission’s adopted congressional redistricting plan as violating the U.S. and New Jersey Constitutions. Plaintiffs alleged the Independent Commissioner’s tie-breaking decision to adopt the Democrat Commissioner’s plan out of “fairness” since the Republicans’ plan was selected the prior cycle was “arbitrary, capricious, and unreasonable.” They also argued this decision would “classify and bind” New Jersey voters for the next decade based on an unsupported rationale in violation of the U.S. and state constitutions’ equal protection and due process guarantees. They sought a court order vacating the Commission’s plan adoption, an injunction barring the plan from use in future elections, and a court order remanding the congressional redistricting process back to the Commission for further proceedings.

  • On January 4, 2022, the Court ordered the independent commission member to provide a more detailed statement of reasons for his map selection by January 11, 2022.
  • On January 11, the independent member filed his statement and, that same day, the Court ordered the Democratic Party delegation to file a supplemental brief addressing the statement by January 14, and the Republican Party’s response thereto by January 21.
  • On February 3, 2022, the Court dismissed the complaint for failure to state a claim. The Court explained its authority over redistricting plan challenges is limited to whether the plan itself is unlawful or results from invidious discrimination, neither of which was alleged here.

CASE LIBRARY

New Jersey Supreme Court - No. 086587