In a significant development, Michigan’s citizen-led redistricting commission has appealed to the Supreme Court to allow the use of 13 state legislative district maps. These maps were previously deemed unconstitutional by a federal court.
The commission has requested Justice Brett Kavanaugh to suspend an order issued by a three-judge federal panel last month. This order prohibited the use of the Detroit-area maps in future Michigan state House and Senate elections.
Furthermore, the commission has asked Justice Kavanaugh to halt the ongoing redrawing process of the maps, pending their forthcoming appeal against the judges’ ruling.
In their appeal, the commission’s attorneys stated, “In configuring Detroit-area districts, the Commission did everything this Court’s Voting Rights Act (VRA) and racial-gerrymandering precedents signals is necessary for voluntary VRA compliance, and it was not possible to do more than the Commission did.”
The emergency request was directed to Kavanaugh as he oversees matters arising from the 6th US Circuit Court of Appeals, which includes the state of Michigan.
The contested maps were challenged by a group of Black voters from the Democratic-heavy Detroit area. They argued that the commission engaged in impermissible racial gerrymandering when it drew the maps in 2021.
The panel of judges in Michigan concurred with this argument, stating in a comprehensive ruling last month that the commission violated the US Constitution’s Equal Protection Clause when it created the maps. The panel’s decision read, “The record here shows overwhelmingly – indeed, inescapably – that the Commission drew the boundaries of plaintiffs’ districts predominantly on the basis of race.”
The group of voters challenging the maps have been asked to respond to the emergency request by January 17.