On December 30, 2021, the Republican members of the New Jersey Redistricting Commission filed a lawsuit against the Redistricting Commission, its independent member, and its Democratic members, challenging the Commission's adopted congressional redistricting plan as violating the U.S. and New Jersey Constitutions. Plaintiffs claims arise out of the Independent Commissioner's tie-breaking decision to adopt the Democratic Commissioners' proposed congressional redistricting plan on the basis that "fairness" required him to do so because the Republicans' map was selected during the last redistricting cycle. The plaintiffs first assert that this decision is subject to judicial review and should be set aside as an "arbitrary, capricious, and unreasonable vote and reasoning." Additionally, they allege that this decision adopting a congressional map that will "classify and bind" New Jersey voters for the next ten years on the basis of such an unreasonable and unsupported rationale also violates the New Jersey Constitution and U.S. Constitution's equal protection and due process guarantees. The plaintiffs are seeking a court order vacating the Commission's adoption of the congressional plan, an order remanding the congressional redistricting process to the Commission for further proceedings, and an order enjoining the Secretary of State from using the adopted plan in any future elections.

On January 4, 2022, the Court issued an order requesting that the independent tie-breaking member provide "a more detailed statement of reasons" for his map decision to the Court and the parties by January 11, 2022. The tie-breaker's statement was filed on January 11th and on the same day the Court issued an order directing the Democratic Party delegation to file a supplemental brief addressing the contents of the statement by January 14, 2022, with the Republican Party delegation's answering brief due by January 21.


New Jersey Supreme Court - No. 086587