High court nixes gerrymandering ruling

By David Fleet
Editor
On Monday the Supreme Court tossed out a lower court ruling that would have forced a substantial redrawing of Michigan’s congressional and state legislative voting maps in a bid to give Republicans less of an edge.

“Evidence points to only one conclusion: partisan considerations played a central role in every aspect of the redistricting process,” the court said.
On April 25 a panel of three federal judges ruled that 34 congressional and state legislative districts in Michigan are extreme partisan gerrymanders and unconstitutional. Of those areas possibly impacted by the ruling are the 51st State House, voters in Atlas and Groveland townships along with Village of Goodrich; the 14th State Senate and the 8th Congressional District covering Atlas, Brandon and Groveland townships.
“While I understand not everyone will be happy with the decision, I respect the Supreme Court’s ruling that federal courts could not consider partisan gerrymander claims,” said State Rep. Mike Mueller (R-Linden) 51st District. “This would have created an unprecedented expansion of judicial power in our political system, and we can now be sure that redistricting will be left up to the independent redistricting commission that was widely supported by Michigan voters this past November.”
In the 146-page opinion, U.S. Circuit Judge Eric Clay ordered state lawmakers to redraw maps in time for elections in 2020. The opinion, was joined by District Chief Judge Denise Hood and District Judge Gordon Quist. The panel wrote that it was joining “the growing chorus of federal courts” that have held that drawing districts to unfairly favor the party in power is unconstitutional. The judges said the maps violated Democratic voters’ constitutional rights.
The judges ruled in favor of the League of Women Voters of Michigan along with 11 other plaintiffs that their First and Fourteenth Amendment challenges to the state and congressional redistricting plans. The Republican-led Michigan Senate and three individual senators appealed the ruling to the U.S. Supreme Court. Currently the high court is deliberating two other partisan gerrymander cases involving congressional districts in North Carolina and Maryland.
The League went to court over the current district maps, drawn in 2011 after the 2010 census. Michigan will be required to implement new maps in time for the 2020 election and before the next redistricting cycle in 2021. Covering both state and congressional district maps, this case is the only one of its kind in the country.
Senator Ruth Johnson (R-Groveland Township) was elected to the 14th District which includes Atlas, Brandon and Groveland townships along with other communities in Genesee and Oakland counties in November 2018. The district could have been impacted by the redistricting.
“This lawsuit began in December 2017,” said Johnson. “As Secretary of State at the time, I was the named defendant as the chief election officer of the state. Newly-elected Secretary of State Jocelyn Benson assumed this role in January.
“On Monday, the U.S. Supreme Court vacated an earlier ruling by the Eastern District of Michigan and sent the case back to this court,” she added. “The original ruling would have required the legislature to create new legislative district maps for the 2020 election cycle. The Supreme Court’s decision does not impact the implementation of the Citizens Redistricting Commission created by Proposal 2. This body will create new legislative district maps after the 2020 census which will take effect in 2022.”

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