CASE SUMMARY

On November 30, 2021, a coalition of civil rights organizations and Ohio voters filed a petition with the Ohio Supreme Court challenging the state’s enacted congressional redistricting plan as violating the Ohio Constitution. Plaintiffs alleged the plan was a pro-Republican partisan gerrymander in violation of Article XIX, § 1(C)(3)(a), which prohibits the General Assembly from passing a plan that “unduly favors or disfavors a political party or its incumbents,” and unduly and excessively divided political subdivisions in violation of Article XIX, § 1(C)(3)(b). They sought a judicial declaration the enacted plan was unconstitutional, an injunction barring the plan from use in future elections, and for the court to take all necessary steps to remedy the violations, including the adoption of a new plan and delaying the 2022 elections and related deadlines.

• On December 17, 2021, the Ohio Supreme Court issued an order consolidating this case with another challenge to Ohio’s congressional plan, Adams v. DeWine. Consolidated oral arguments were heard on December 28, 2021.
• On January 14, 2022, the Court struck down the enacted congressional plan as a partisan gerrymander in violation of Art. XIX, § 1(C)(3)(a) and as unduly splitting several counties in violation of § 1(C)(3)(b). In accordance with Article XIX of the Ohio Constitution, it ordered the General Assembly to enact a new congressional plan within 30 days of its judgment.
• The General Assembly failed to enact a new plan by its deadline, so congressional redistricting authority passed to the Ohio Redistricting Commission which adopted a new congressional plan on March 2, 2022. Two days later, the plaintiffs filed a motion to enforce the Court’s January 14 order alleging the Commission’s congressional plan was still an unconstitutional partisan gerrymander.
• On March 18, 2022, the Court denied the plaintiffs’ motion as procedurally improper and denied leave to amend their complaint, explaining that under the Ohio Constitution, the Court’s final judgment was issued on January 14, 2022, and it lacked jurisdiction to review a remedial plan passed or adopted under Article XIX, §§ 3(A) or 3(B). The Court explicitly stated, however, their order did not preclude a new lawsuit being filed to challenge the March 2, 2022, plan.

Related Case: Adams v. DeWine

Similar Cases: League of Women Voters of Ohio v. Ohio Redistricting Comm'n; Bennett v. Ohio Redistricting Comm'n; Ohio Organizing Collaborative v. Ohio Redistricting Comm'n

CASE LIBRARY

Ohio Supreme Court - No. 2021-1449 [together with No. 2021-1428]

• Complaint - 11/30/21
• Exhibits to Complaint (Vol. I of III) - 11/30/21
• Exhibits to Complaint (Vol. II of III) - 11/30/21
• Exhibits to Complaint (Vol. III of III) - 11/30/21
• Relators' Motion for Scheduling Order - 11/30/21
• Motion to Dismiss, and to Stay Case, and to Stay Discovery of the Ohio Redistricting Commission, et al. - 12/2/21
• Answer and Affirmative Defenses of Respondents Huffman and Cupp - 12/2/21
• Relators' Notice of Filing of Subpoena - 12/3/21
• Relators' Response to Respondents' Motion to Dismiss, to Stay the Case, and to Stay the Discovery - 12/3/21
• First Amended Complaint - 12/3/21
• Exhibits to First Amended Complaint (Vol. I of III) - 12/3/21
• Exhibits to First Amended Complaint (Vol. II of III) - 12/3/21
• Exhibits to First Amended Complaint (Vol. III of III) - 12/3/21
• Relators' Motion to Compel Expedited Discovery - 12/3/21
• Order - 12/3/21
• Governor Mike DeWine's, Auditor Keith Faber's, and Secretary of State Frank LaRose's Response to Relators' Motion to Compel - 12/6/21
• Affidavit of Alexander Thomson; Relators' Evidence: Government Materials - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix A: Hearing Transcripts (Vol. I-II) - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix B: Other Government Materials - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix C: SB 258 (Vol. I-III) - 12/10/21
• Affidavit of Congresswoman Marcy Kaptur - 12/10/21
• Affidavit and Expert Report of Kosuke Imai - 12/10/21
• Affidavit and Expert Report of Lisa Handley - 12/10/21
• Presentation of Evidence by Respondents Huffman and Cupp - 12/10/21
• Affidavit of Freda J. Levenson; Relators' Evidence: Discovery and Deposition Files - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix A: Depositions (Vol. I-II) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix B: Documents Produced in Discovery (Vol. I-III) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix C: Written Discovery - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. I of IV) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. II of IV) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. III of IV) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. IV of IV) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix E: A. Philip Randolph Institute v. Smith Depositions (Vol. I-III) - 12/10/21
• Affidavit of Michelle Depass; Exhibits Appendix A: Historical Records - 12/10/21
• Affidavit of Michelle Depass; Exhibits Appendix B: Reports - 12/10/21
• Affidavit of Michelle Depass; Exhibits Appendix C: News Articles - 12/10/21
• Affidavit of Freda Levenson; Evidence of Relators: Reports & Affidavits - 12/10/21
• Affidavit of Freda J. Levenson; Exhibits Appendix: Reports & Affidavits - 12/10/21
• Brief of Amicus Curiae Ohio Environmental Council in Support of Relators - 12/13/21
• Relators' Merits Brief - 12/13/21
• Supplement to Relators' Merits Brief (Vol. I-II) - 12/13/21
• Answer of Secretary of State Frank LaRose to the First Amended Complaint - 12/13/21
• Relators' Motion for Oral Argument - 12/13/21
• Order - 12/14/21
• Secretary of State Frank LaRose's Response to Relators' Motion for Oral Argument - 12/15/21
• Response to Relators' Motion for Oral Argument - 12/15/21
• Order - 12/17/21
• Brief of Secretary of State Frank LaRose - 12/17/21
• Merits Brief of Respondents Huffman and Cupp - 12/17/21
• Relators' Reply in Support of Merits Brief - 12/20/21
• Answer and Affirmative Defenses of Respondents Huffman and Cupp to Relators' Amended Complaint - 12/23/21
• Opinion - 1/14/22
• Petitioners' Motion to Enforce the Court's January 14, 2022 Order - 3/7/22
• Evidence to Motion to Enforce Court's Order (Affidavit of Dr. Christopher Warshaw) - 3/7/22
• Petitioners' Evidence to Motion to Enforce Court's Order (Affidavit of Dr. Kosuke Imai) - 3/7/22
• Order - 3/8/22
• Order - 3/18/22