Case Background
On July 30, 2019, 15 individuals filed a federal lawsuit challenging the eligibility requirements for the state’s independent redistricting commission under the First and Fourteenth Amendments of the U.S. Constitution.
The plaintiffs, who each fall into one or more of the eight categories of people excluded by law from serving on the commission, argue that the eligibility requirements require them to refrain from constitutionally protected activities, in violation of their First Amendment rights to free speech and association. Plaintiffs also claim that the eligibility requirements violate their rights under the Fourteenth Amendment because, among other things, the requirements deny them an opportunity to serve on the commission as a result of their political activity.
The plaintiffs are asking the court to declare the commission unconstitutional and block the Michigan Secretary of State from moving forward with the commissioner selection process.
On July 30, the plaintiffs also filed a motion for preliminary injunction, requesting the court halt commission-related proceedings while litigation is pending.
On August 28, the court allowed Voters Not Politicians, the group that sponsored the proposal to create the independent redistricting commission, to intervene as defendants.
On September 11, the court granted Michigan Secretary of State Benson’s motion to consolidate the case with Michigan Republican Party v. Benson, another case challenging the constitutionality of the commission.
On November 25, the court denied the plaintiffs’ motions for a preliminary injunction. On November 26, the Daunt plaintiffs appealed that decision to the Sixth Circuit Court of Appeals.
On April 15, 2020, the Sixth Circuit Court of Appeals affirmed the district court’s decision to deny the motions for preliminary injunctions. On May 13, 2020, the plaintiffs filed a petition with the Sixth Circuit for rehearing en banc. On June 18, 2020, the Sixth Circuit denied the plaintiffs’ request for a rehearing.
On July 6, 2020, the district court granted the defendants’ motions to dismiss the case. On May 27, 2021, the Sixth Circuit Court of Appeals affirmed the district court’s judgment.
Documents
District Court
- Complaint (July 30, 2019)
- Motion for Preliminary Injunction (July 30, 2019)
- Proposed Intervenor-Defendant’s Brief in Support of Motion for Leave to Intervene (August 12, 2019)
- Plaintiffs’ Brief in Opposition to Motion for Leave to Intervene (August 26, 2019)
- Opinion and Order Granting Motion for Leave to Intervene (August 28, 2019)
- Intervenor-Defendant’s Answer to Complaint (August 29, 2019)
- Motion to Consolidate (September 11, 2019)
- Order Granting Motion to Consolidate (September 11, 2019)
- Intervenor-Defendant’s Brief in Opposition to Daunt Motion for Preliminary Injunction (September 19, 2019)
- Intervenor-Defendant’s Motion to Dismiss Daunt and for Judgment on the Pleadings (September 19, 2019)
- Intervenor-Defendant’s Brief in Opposition to Michigan Republican Party Motion for Preliminary Injunction (September 19, 2019)
- Intervenor-Defendant’s Motion to Dismiss Michigan Republican Party and for Judgment on the Pleadings (September 19, 2019)
- Defendant’s Brief in Opposition to Motion for Preliminary Injunction (September 19, 2019)
- Defendant’s Motion to Dismiss (September 19, 2019)
- Plaintiffs’ Consolidated Response to Motion to Dismiss and Reply Brief in Support of Motion for Preliminary Injunction (October 2, 2019)
- Intervenor-Defendant’s Reply Brief in Support of Motion to Dismiss (October 10, 2019)
- Intervenor-Defendant’s Reply Brief in Support of Motion to Dismiss (October 10, 2019)
- Defendant’s Reply Brief in Support of Motion to Dismiss (October 10, 2019)
- Opinion (November 25, 2019)
- Order Denying Motions for Preliminary Injunction (November 26, 2019)
- Daunt Plaintiffs’ Notice of Interlocutory Appeal (November 26, 2019)
- Michigan Republican Party Plaintiffs’ Notice of Interlocutory Appeal (December 5, 2019)
- Opinion and Order (July 6, 2020)
- Judgment (July 6, 2020)
- Daunt Plaintiffs’ Notice of Appeal (August 3, 2020)
U.S. Court of Appeals for the Sixth Circuit (first appeal — preliminary injunction)
- Notice of Appeal (November 27, 2019)
- Plaintiffs-Appellants’ Motion to Expedite (November 27, 2019)
- Plaintiffs-Appellants’ Brief (January 2, 2020)
- Defendant-Appellee’s Brief (February 3, 2020)
- Amicus Brief of the League of Women Voters of Michigan (February 7, 2020)
- Amicus Brief of Common Cause, the Leadership Now Project, Issue One, Equal Citizens Foundation, the Center for the Study of the Presidency and Congress, and RepresentUs (February 10, 2020)
- Plaintiffs-Appellants’ Reply Brief (February 13, 2020)
- Opinion (April 15, 2020)
- Petition for Rehearing En Banc (May 13, 2020)
- Intervenor-Defendant-Appellee’s Brief in Response to Petition for Rehearing En Banc (May 29, 2020)
- Defendant-Appellee’s Brief in Response to Petition for Rehearing En Banc (May 29, 2020)
- Order (June 19, 2020)
U.S. Court of Appeals for the Sixth Circuit (second appeal — motion to dismiss)
- Plaintiffs-Appellants’ Brief (November 12, 2020)
- Defendant-Appellee’s Brief for Count MI Vote (December 14, 2020)
- Defendant-Appellee’s Brief for MI Secretary of State (January 11, 2021)
- Plaintiffs-Appellants’ Reply Brief (February 1, 2021)
- Opinion (May 27, 2021)