On December 16, 2021, two members of Idaho Native American tribes filed a petition with the Idaho Supreme Court challenging the Idaho Commission for Reapportionment's adopted legislative plan as violating the U.S. Constitution and various Idaho redistricting statutes. First, plaintiffs allege that the Commission's adopted legislative plan violates the 14th Amendment's Equal Protection Clause because the Commission erroneously set a primary goal of the "smallest maximum deviation as possible," which led to the unjustified exclusion of state and tribal interests. Next, the plaintiffs assert that the Commission violated Article III, Section 5 of the Idaho Constitution by failing to adopt a final plan that both complied with the 14th Amendment's Equal Protection Clause and which resulted in fewer county divisions (as opposed to eight county splits in the adopted plan). Finally, they allege that the Commission violated Idaho Code Section 72-1506(2) by failing to adequately consider the Tribes' longstanding communities of interest prior to adopting its final plan. Plaintiffs are seeking a judicial declaration that the adopted plan is unconstitutional because it unnecessarily divides too many counties, a writ of prohibition barring the Secretary of State from transmitting the Commission's final report to state legislative leaders, and for the court to remand the plan back to the Commission to review and correct the constitutional and statutory violations therein.
On December 17, 2021, this case was consolidated with three other pending challenges to Idaho's enacted legislative plans.
For future filings in this case, see the litigation page for Durst v. Idaho Comm'n for Reapportionment.
Similar Case: Pentico v. Idaho Comm'n for Reapportionment
Idaho Supreme Court - No. 49353-2021 [together with Nos. 49621-2021, 49267-2021, & 49295-2021]