Summary
The State of Ohio filed a lawsuit against the U.S. Commerce Department and the U.S. Census Bureau, challenging the Bureau’s announcement that it will be delivering redistricting data to all states by September 30, 2021.
Case Background
Ohio challenged the Census Bureau’s February 12, 2021 announcement that, due to Covid-19 related disruptions to the 2020 Census, the Bureau will be delivering redistricting data to the states by September 30, 2021. The state contended that this delay would prevent Ohio from completing its redistricting process by the state’s constitutionally prescribed deadline. The suit argued that the state would be “irreparably harmed” by the Census Bureau’s decision to delay the release of the redistricting data because the Ohio Redistricting Commission and the General Assembly would be forced to use alternative data or miss state deadlines. The suit further alleged that the Census Bureau’s decision is “arbitrary and capricious” in violation of the Administrative Procedure Act because the Bureau did not adequately consider how the delayed release would affect states with various deadlines.
Ohio asked the court to declare that the Census Bureau’s announcement violated the federal Census Act and Administrative Procedure Act. The state also asked the court to require the Bureau to release redistricting data by March 31, 2021, or at the earliest date the court may find to be equitable.
On March 24, 2021, the court dismissed this case for lack of jurisdiction. The plaintiffs filed an appeal with the U.S. Court of Appeals for the Sixth Circuit.
On May 18, 2021, the Sixth Circuit concluded that Ohio has standing and remanded the case to the district court.
On May 25, 2021 the court granted to hold the case in abeyance. The Census Bureau provided Ohio with its redistricting data, in a legacy format, on August 12, 2021.
On August 13, 2021, Ohio moved to voluntarily dismiss, without prejudice, this case.
Key Documents
- Complaint (February 25, 2021)
- Motion for Preliminary Injunction (February 25, 2021)
- Amicus Brief of National Urban League, et al. (March 13, 2021)
- Order Dismissing Case for Lack of Jurisdiction (March 24, 2021)
- Joint Motion to Hold Case in Abeyance (May 25, 2021)
- Notice (June 28, 2021)
- Notice (July 26, 2021)
- Plaintiffs’ Notice of Voluntary Dismissal (August 13, 2021)
U.S. Court of Appeals for the Sixth Circuit (Case No. 21–3294, OH v. Gina Raimondo, et al)
- Notice (March 25, 2021)
- Emergency Motion to Expedite Briefing (March 25, 2021)
- Brief for Appellees (April 12, 2021)
- Reply Brief of the State of Ohio (April 15, 2021)
- Order (May 10, 2021)
- Letter (May 11, 2021)
- Per Curiam Opinion (May 18, 2021)
