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Today, the Court issued this opinion from Judge Niemeyer, Judge Bredar, and Judge Russell. This opinion was issued in conjunction with a judgment that directed Maryland to institute redistricting reform.
On August 12, 2019, Voters Not Politicians (VNP), the nonpartisan, citizen-led group that drafted and worked to pass the constitutional amendment establishing the Michigan Citizens Independent Redistricting Commission, filed a motion to intervene as a defendant in the case. VNP moved to intervene in order to offer its expertise and insights as the drafter and sponsor of the constitutional amendment at issue and to defend the constitutionality of the eligibility requirements for commissioners and the amendment as whole. The constitutional amendment establishing the Commission was approved by over 61% (2.5 million) of Michigan voters, with support from voters of both major political parties.
On August 12, 2019, VNP filed a Proposed Answer along with its motion to intervene as a defendant in the case, arguing that the eligibility requirements for the Commission do not violate the U.S. Constitution. Michigan voters overwhelmingly approved the constitutional amendment establishing the Commission, recognizing that politicians have an inherent conflict of interest in drawing their own electoral districts. Voters in 67 of Michigan’s 83 counties approved the constitutional amendment.
On July 30, 2019 plaintiffs filed a motion for preliminary injunction, asking the Court to direct Michigan Secretary of State Jocelyn Benson to suspend the implementation of all provisions of the Michigan Constitution relating to the Commission. Plaintiffs also ask the court to consolidate the preliminary injunction motion with a trial on the merits, alleging that there are only legal questions at issue in the case.
On July 30, 2019, plaintiffs filed a complaint in the federal district court for the Western District of Michigan alleging that the eligibility requirements for commissioners to serve on the Michigan Citizens Redistricting Commission (“Commission”) are unconstitutional under the First and Fourteenth Amendments of the U.S. Constitution. Plaintiffs also argue that the eligibility requirements are not severable from the rest of the constitutional amendment, and thus the whole amendment must be struck down. The plaintiffs requested declaratory and injunctive relief. The constitutional amendment establishing the Commission was approved by over 61% (2.5 million) of Michigan voters, with support from voters of both major political parties.
The U.S. Supreme Court upheld a January 15 opinion by U.S. District Judge Jesse Furman finding that Secretary Ross lied about his reasons for adding the citizenship question to the 2020 Census.
On Thursday, June 27, 2019, the U.S. Supreme Court decided 5-4 that partisan gerrymandering claims present political questions beyond the reach of the federal courts.
Litigators and Lead Plaintiff React to Decision
WASHINGTON – A three-judge panel in the U.S. District Court for the Western District of Wisconsin today struck down Wisconsin’s state assembly district map, which is one of the most extreme partisan gerrymanders in the United States in the post...
On February 1, 2018, CLC submitted a FOIA request to the U.S. Census Bureau to obtain information on the 2020 Census citizenship question.
CLC filed an amended complaint on behalf of individuals against the City of Virginia Beach. Virginia Beach City Council, the City Manager and the Director of Elections/General Registrar challenging the at-large election system used to elect members of the City Council.
CLC filed written testimony to the New Hampshire Senate Committee on Election Law and Municipal Affairs in support of House Bill 706, a bill establishing an independent redistricting commission (“IRC”) in New Hampshire. CLC argues that the bill is constitutional under federal and New Hampshire law, the transparency requirements are good public policy, and the commission is unlikely to produce gerrymandered districts because the commission must reach consensus to approve a map.
The Department of Justice on March 29, 2019 responded to CLC's FOIA request from January 20, 2017 about the inclusion of a citizenship question on the 2020 Census. This document contains correspondence released on behalf of the Office of the Attorney General.
On March 29, 2019, the Department of Justice responded to a Freedom of Information Act (FOIA) request from Campaign Legal Center (CLC). The response includes 129 pages of documents pertaining to the inclusion of a citizenship question on the 2020 census.
On Friday, March 29, 2019, The Department of Justice provided an additional 129 pages of documents in response to CLC’s FOIA Request seeking documents related to the decision to add a citizenship question to the 2020 Census. The documents originated from the Office of the Attorney General, and were provided pursuant to an Order from the U.S. District Court for the District of Columbia.