(Source: MIRS.news, Published 01/22/2024) The Michigan Independent Citizens Redistricting Commission's (MICRC) application to pause a judge’s ruling to redraw legislative maps was denied Monday – a move an attorney said signals an appeal will likely fail.
The U.S. Supreme Court's (SCOTUS) order noted simply: "The application for stay presented to Justice (Brett) Kavanaugh and by him referred to the Court is denied."
That essentially means not that not one of the nine justices "thought it worthy of the Court's attention," said attorney John Bursch, who represents the Detroit voters who filed the lawsuit challenging the maps.
"This does not preclude the Commission from seeking to appeal," Bursch said. "But because the standard for the stay was likelihood that the Justices would hear the case and reverse, this is a strong indicator that such an appeal will likely fail."
Edward Woods III, MICRC executive director, said the commission "will wait to hear" what SCOTUS says about the appeal.
"The MICRC will continue its work to meet the deadline set by the U.S. District Court Western District of Michigan Southern Division," Woods said. “In drawing fair maps with citizen input, we're happy to be in Detroit this week for in-person meetings to hear from all Michiganders, including those directly impacted by the reconfiguration of the seven districts for the Michigan House of Representatives.“
A three-judge federal panel ruled 13 Metro Detroit legislative district maps were unconstitutional and violated the Equal Protection Clause because race was a predominant factor in the draw.
The panel – Judges Raymond Kethledge, Paul Maloney and Janet Neff – subsequently appointed two special masters to oversee the redrawing process.
However, the court did not rule on the plaintiffs' claims that the maps violate the Voting Rights Act.
The Supreme Court's order leaves in place the district court's tight mapping deadlines, which includes fixing the seven state House districts by Feb. 2. The panel also struck down six state Senate maps, which will come before the 2026 election.
The panel earlier appointed Brigham Young University professor Michael Barber as a mapping special master to prepare and recommend an alternative remedial redistricting plan to the court while Bernard Grofman is the "reviewing special master," who will evaluate the MICRC's remedial plan and advise the court about Barber's plan if the court asks.
The MICRC is currently holding meetings to redraw House Districts 1, 7, 8, 10, 11, 12 and 14, but touching those districts means the MICRC could change more than a dozen districts.
Monday's order came the same day the MICRC met in-person in Detroit to discuss the district boundaries.
