CASE SUMMARY
On January 20, 2022, a group of registered Michigan voters filed a federal lawsuit against Michigan's Secretary of State, Independent Citizens Redistricting Commission, and the Commission's members, challenging the Commission's adopted congressional redistricting plan as violating the U.S. Constitution. First, plaintiffs assert that the plan, which has a overall population deviation of 1,122 persons (0.14%), is malapportioned in violation of the constitutional one person, one vote requirement under Article I, Section 2 because the Commissioners could have enacted a map with a population deviation of nearly zero and the adopted plans' deviations are not justified by any legitimate state objectives. Second, they allege that the adopted plan violates the 14th Amendment's Equal Protection Clause because the in creating the plan, the Commissioners applied the Michigan Constitution's redistricting criteria in an inconsistent and arbitrary manner, specifically those regarding equal population, compactness, and the preservation of communities of interest and political subdivisions. They are seeking a judicial declaration that the adopted plan violates the U.S. Constitution, an injunction barring the defendants from implementing the plan in future elections, and for the court to establish a deadline by which the Commissioners must draw a constitutional plan, with the court stepping in to devise a remedial plan in the event they fail to do so.
On March 4, 2022 the district court issued an opinion granting in part the defendants' motion to dismiss, specifically as to the plaintiffs' Equal Protection claim. The court found that judicial review of redistricting plans for allegedly unconstitutional divisions of "communities of interest" posed the same issues as partisan gerrymandering claims, including vagueness and determinations of partisan fairness, and therefore such claims should similarly be treated as nonjusticiable by federal courts. On April 1, the court issued an opinion and order denying the plaintiffs' motion for a preliminary injunction. The plaintiffs filed a petition for a writ of certiorari with the U.S. Supreme Court on April 29, 2022.
CASE LIBRARY
U.S. District Court for the Western District of Michigan, Southern Division - No. 1:22-cv-54
- Complaint - 1/20/22
- Letter Requesting Three-Judge Panel - 1/25/22
- First Amended Complaint - 1/27/22
- Plaintiffs' Motion for a Preliminary Injunction and Exhibits - 1/27/22
- Order Appointing Three-Judge Panel - 2/1/22
- Proposed-Intervenor-Defendants' Opposed Motion to Intervene - 2/2/22
- Plaintiffs' Motion for Expedited Consideration of Their Motion for Preliminary Injunction - 2/4/22
- Proposed Intervenor-Defendant Voters Not Politicians' Motion for Leave to Intervene as Defendant - 2/7/22
- Order Setting Briefing Schedule - 2/8/22
- Motion for Expedited Oral Argument - 2/9/22
- Plaintiffs' Opposition to the Michigan Voters' Motion to Intervene - 2/10/22
- Plaintiffs' Opposition to Voters Not Politicians' Motion to Intervene - 2/10/22
- Order Denying Motion to Expedite Oral Argument - 2/11/22
- Order Granting Motion to Intervene - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Partial Motion to Dismiss - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Answer to Plaintiffs' First Amended Complaint - 2/11/22
- Proposed Intervenor-Defendants' Partial Motion to Dismiss - 2/11/22
- Intervenor-Defendants' Answer to First Amended Complaint - 2/11/22
- Intervenor-Defendant Voters Not Politicians' Brief in Opposition to Motion for Preliminary Injunction - 2/18/22
- Plaintiffs' Opposition Brief to Intervenor-Defendants Voters Not Politicians' Motion to Dismiss - 2/18/22
- Plaintiffs' Opposition Brief to Intervenor-Defendants Michigan Voters' Motion to Dismiss - 2/18/22
- Defendants' Answer to Plaintiffs' First Amended Complaint - 2/18/22
- Defendants' Partial Motion to Dismiss - 2/18/22
- Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Defendant Secretary of State Jocelyn Benson's Partial Concurrence in Motion to Dismiss - 2/18/22
- Defendant Benson's Answer to Plaintiffs' First Amended Complaint - 2/18/22
- Defendant Michigan Secretary of State Jocelyn Benson's Response to Plaintiffs' Motion for Preliminary Injunction - 2/18/22
- Plaintiffs' Response to the Commissioner Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction - 2/23/22
- Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction - 2/23/22
- Plaintiffs' Reply to Secretary Benson's Brief in Opposition to Preliminary Injunction - 2/23/22
- Plaintiffs' Opposition to Defendant Commissioners' Motion to Dismiss Count II of Amended Complaint - 2/23/22
- Plaintiffs' Opposition to Defendant Secretary's Partial Concurrence in Motion to Dismiss - 2/23/22
- Plaintiffs' Reply to Voter-Intervenors' Brief in Opposition to Their Motion for Preliminary Injunction - 2/23/22
- Order to File Joint Status Report - 2/24/22
- Joint Status Report - 3/2/22
- Opinion Granting in Part Motion to Dismiss - 3/4/22
- Notice of Preliminary Injunction Hearing - 3/9/22
- Defendants' Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction - 3/22/22
- Plaintiffs' Supplemental Brief in Support of Their Motion for Preliminary Injunction - 3/22/22
- Order - 3/23/22
- Plaintiffs' Opposition to Defendant Commissioners' Supplemental Brief - 3/25/22
- Opinion Denying Plaintiffs' Motion for Preliminary Injunction - 4/1/22
- Order Denying Plaintiffs' Motion for a Preliminary Injunction - 4/1/22
- Notice of Appeal of Order Denying Preliminary Injunction - 4/29/22