Case Summary

On April 20, 2021, the Michigan Secretary of State and the state's Independent Citizens Redistricting Commission filed a petition with the Michigan Supreme Court, seeking relief from the commission's constitutional redistricting deadlines. Since the release of the 2020 Census data necessary for redistricting was delayed until September 30, 2021, the commission would be unable to draft and propose its congressional and legislative redistricting plans to the public by its constitutional deadline of September 17, 2021. To that end, the petitioners requested that the court adjust the commission's deadlines to require it to propose plans within 72 days of receiving the census data, and to approve plans within 45 days thereafter. If the census data was received as scheduled on September 30, 2021 then the commission's proposed plans would've been due no later than December 11, 2021 and they must have be approved on or before January 25, 2022.

On July 9, 2021 the Michigan Supreme Court denied the petitioners' request for relief on the grounds judicial intervention was not yet warranted in an anticipatory action such as this.

Case Library

Michigan Supreme Court - No. 162891

• Petition for Relief - 4/20/21
• Petitioners' Brief in Support of Petition - 4/20/21
• Brief of Amicus Curiae the Michigan Senate in Support of Neither Party - 5/14/21
• Supplemental Brief of Attorney General Team Opposing Michigan Supreme Court Jurisdiction - 6/2/21
• Brief of Attorney General Team Supporting Michigan Supreme Court Jurisdiction - 6/2/21
• Petitioners Michigan Independent Citizens Redistricting Commission and Secretary of State Jocelyn Benson's Supplemental Brief - 6/2/21
• Brief of Amicus Curiae Count MI Vote, d.b.a. Voters Not Politicians in Support of Petition for Relief - 6/9/21
• Second Brief of Amicus Curiae the Michigan Senate in Support of Neither Party - 6/9/21
• Reply Brief of Attorney General Team Supporting Michigan Supreme Court Jurisdiction - 6/9/21
• Response Brief of Attorney General Team Opposing Michigan Supreme Court Jurisdiction - 6/9/21
• Brief of Amicus Curiae League of Women Voters of Michigan in Support of the Independent Citizens Redistricting Commission - 6/9/21
• Petitioners' Response to Department of Attorney General's Brief in Opposition to Petition - 6/9/21
• Brief of Amicus Curiae the National Redistricting Foundation in Support of Petitioners - 6/11/21
• Order Denying Petition - 7/9/21