Redistricting review: Michigan Supreme Court declines to extend redistricting deadlines


In this week’s Redistricting Review, we cover news out of Michigan, New York, and Pennsylvania.

Michigan: On July 9, the Michigan Supreme Court rejected the Michigan Independent Citizens Redistricting Commission’s request to extend the constitutional deadlines for adopting new redistricting plans. The constitutional deadlines – presentation to the public by Sept. 17 and adoption by Nov. 1 – remain in effect.

In light of the delayed delivery of detailed redistricting data by the U.S. Census Bureau, the commission argued that it would “not be able to comply with the constitutionally imposed timeline.” Instead, the commission asked the state supreme court to direct the commission to propose plans within 72 days of the receipt of redistricting data and to approve plans within 45 days thereafter.

The state supreme court asked the Office of the Attorney General to assemble two separate teams to make arguments, one team in support of the commission’s request and another opposed. The court heard oral arguments on June 21. Deputy Solicitor General Ann Sherman, speaking in support of the proposed deadline extensions, said “The very maps themselves could be challenged if they are drawn after the November 1 deadline.” Assistant Attorney General Kyla Barranco, speaking in opposition, said, “There isn’t harm in telling the commission at this point, ‘Try your best with the data that you might be able to use and come September 17, maybe we’ll have a different case.’”

In its unsigned July 9 order, the court said that it was “not persuaded that it should grant the requested relief.” Justice Elizabeth Welch wrote a concurrence, in which she said, “The Court’s decision is not a reflection on the merits of the questions briefed or how this Court might resolve a future case raising similar issues. It is indicative only that a majority of this Court believes that the anticipatory relief sought is unwarranted.”

In response to the court’s order, Edward Woods III, the commission’s communications and outreach director, said that the commission would follow its draft timeline, under which the public input period opens on Aug. 30 and closes on Sept. 30 – past the Sept. 17 constitutional deadline. This suggests that further litigation on the matter might occur.

New York: On July 12, the New York Independent Redistricting Commission (NYIRC) announced that public hearings will begin on July 20. A full list of hearing dates can be accessed here. NYIRC also said it would release its first redistricting proposal on Sept. 15.

Pennsylvania: On July 12, redistricting authorities in Pennsylvania launched a redistricting website and announced a schedule for public hearings on congressional redistricting, the first of which will take place on July 22. A full list of hearing dates can be accessed here.

Additional reading:

Redistricting in Michigan after the 2020 census

Redistricting in New York after the 2020 census

Redistricting in Pennsylvania after the 2020 census