Where Does Michigan Redistricting Go Next?

Michigan Litigation

   /  The American Redistricting Project 

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ICRC Public Comment Portal (michigan-mapping.org)

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January 12, 2024

COURT APPOINTS 2 SPECIAL MASTERS IN DETROIT MAP REDRAW

A three-judge panel appointed two special masters today to assist in redrawing the seven Detroit House seats ordered unconstitutional.

The panel also set a March 29 deadline for the court’s adoption of the final redrawn maps, which could include other districts if “reasonably necessary to cure the unconstitutional racial gerrymanders” in House Districts 1, 7, 8, 10, 11, 12 and 14, according to today’s order. The court still plans to issue a formal opinion relating to the Senate at a future date.

“… The Commission lacks the institutional knowledge and expertise that state actors in redistricting cases typically possess,” today’s order reads. “And three of the Commission’s 13 members were selected at random just last week.

“Suffice it to say that we must have an alternative redistricting plan at the ready in the event that the Commission fails to provide an acceptable one on the schedule,” the order noted.

The panel named 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 was named “reviewing special master” to evaluate the MICRC’s remedial plan and to advise whether it remedies the constitutional violations.

Grofman, if he accepts the assignment, also would advise the court about Barber’s plan if the court asks.

Barber was on the MICRC’s list of potential masters, while Grofman was on neither side’s list. As a result, the court is giving the parties until Jan. 16 to object to Grofman’s appointment.

The schedule reiterates the court’s prior Feb. 2 deadline for drafts, after which a public comment period will be held no later than Feb. 23. This period must include at least one hearing in Detroit (See “MICRC Has Until Feb. 2 To Redraw House Maps,” 1/9/24).

Final maps are due no later than March 1 followed by an objection/response period until March 15 – the same day Grofman’s report is due to the panel, which plans to approve the remedial house redistricting plan no later than March 29.

The federal appeals panel – U.S. Sixth Circuit Court of Appeals Judge Raymond KETHLEDGE and U.S. District Judges Paul L. MALONEY and Janet NEFF – heard testimony in November from MICRC members and experts, including one who said the Commission was "playing dice" when it drew the legislative maps in 2021 that lowered the number of African American voters in majority-Black Detroit areas.

In December, the panel ruled that 13 state legislative districts – seven in the House and six in the Senate, all in and around Detroit – violate the U.S. Constitution's equal protection clause.

The plaintiffs, Detroit voters led by Donald AGEE Jr., also alleged the Commission violated the federal Voting Rights Act (VRA), but the panel did not opine on that claim (See “13 Metro Detroit Legislative District Maps Found Unconstitutional,” 12/21/23).

In today’s order, the panel allowed Mark BRADEN, of Baker Hostetler, to serve as the MICRC’s VRA counsel during the re-drawing process.

The plaintiffs objected to that selection at a Jan. 5 hearing, arguing Braden would be an important fact witness and he could potentially face an ethical dilemma since attorneys cannot act as both advocates and witnesses in the same case.

The panel acknowledged the plaintiffs’ concerns “are well-founded, but not insuperable.” They held that Braden’s VRA appointment can continue as long as he “promptly discontinues his role as litigation counsel” in the case and his firm implements mechanisms to keep him and his colleagues at the firm from “sharing any information regarding” their work on the case.

Supreme Court Fight

Meanwhile, the MICRC has filed an emergency motion with U.S. Supreme Court Associate Justice Brett KAVANAGH to stay the lower court’s rulings.

The MICRC argues if the lower court’s decision remains in place, it would mean “no one in the United States today has any clue what (Voting Rights Act) compliance entails.”

The MICRC’s attorneys added: “This case involved a serious effort by serious people to do a serious thing.”

The Commission’s brief notes that they “did everything” the VRA and racial-gerrymandering precedents say is necessary for compliance and “it was not possible to do more than the Commission did.”

More About The Masters

Grofman is a professor of political science and Jack W. Peltason Endowed chair of democracy studies at the University of California-Irvine and former director of the UCI Center for the Study of Democracy.

According to the court’s order, Grofman has participated in “dozens of redistricting cases” as either an expert witness or special master and has been cited in U.S. Supreme Court decisions.

Barber’s research interests lie in American politics, congressional polarization, political ideology, campaign finance and survey research. He has published a number of articles, including "Who's the Partisan: Are Issues or Groups More Important to Partisanship?" www/,michigan.gov/micrc

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The commission will be remote the week of January 15th

January 16 - January 18: 9 AM - 1 PM, 2 PM - 6 PM
The commission will be in Detroit during the week of January 22nd
January 22: 10 AM - 3 PM, 6 PM - 8:30 PM (Huntington Place)
January 23: 9 AM - 3 PM, 6 PM - 8:30 PM (Huntington Place)
January 24: 10 AM - 5:30 PM (Cadillac Place)
January 25: 9 AM - 5:30 PM (Cadillac Place)
January 26 (if needed): 9 AM - 5:30 PM (Cadillac Place)
The commission will be remote the week of January 29th to deliberate maps and compliance
January 29 - February 1st: 9 AM - 1 PM, 2 PM - 6 PM
Regular 2024 meetings

Email address for MICRC is

redistricting [at] michigan.gov

redistricting [at] michigan.gov (MICHIGAN REDISTRICTING: A MODEL FOR THE NATION?)

Evaluating the State’s New Maps and Process.

See the video.

Please complete the evaluation.

Just a quick note that you can now see the video from Michigan Redistricting: a Model for the Nation? Evaluating the State’s New Maps and Process. Please complete the evaluation as it helps us enrich and expand our public policy programming.

This is a joint presentation of the MSU’s Institute for Public Policy and Social Research (IPPSR), the University of Michigan’s Center for Local, State and Urban Policy (CLOSUP), and Voters Not Politicians.

We are excited to present this webinar and to share other compelling resources at:

• Michigan State University's Institute for Public Policy and Social Research (IPPSR)
• University of Michigan's Center for Local, State, and Urban Policy (CLOSUP)
• Voters Not Politicians 
• Michigan Independent Citizens Redistricting Commission
• League of Women Voters of Michigan

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 HERE ARE SOURCES OF MORE DETAILED INFORMATION ABOUT REDISTRICTING:

 https://votersnotpoliticians.com/redistricting/

 A Detroit Free Press article is a good overview of where things are now:

https://www.freep.com/story/news/politics/2021/10/11/michigan-redistricting-2021-map/5934136001/?fbclid=IwAR1WgJKFGzK1FS3poeiMsc9gDZKqMmUXlZStjPFD1vUpI7jfRVvWd-OeKZ8

 You can get up to date blog posts here: https://votersnotpoliticians.com/micrc/

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VNP October Media Briefing 2, 10/15/21

Nancy Wang, VNP Executive Director and Charlie Beall, VNP Data and Targeting Director provide an overview of the MICRC's actions, next steps, and timeline, the importance of drawing maps around communities of interest, and the impact of partisans fairness and public comment.

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Read articles from Bridge Michigan at

 Michigan redistricting | Bridge Michigan

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To see the latest drafts and other versions of maps commissioners have put forward, visit the commission’s My Districting website where all of the maps are now uploaded after meetings conclude.

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Promote the Vote releases maps built as part of its 2021 Redistricting Project

Western Wayne County NAACP Voter Engagement Committee

Presents : Preparing for Redistricting Civic Involvement

July 6, 2021   Watch here.

Town Hall on Redistricting - Recording Available