Opinion
SC: 162891
05-20-2021
IN RE INDEPENDENT CITIZENS REDISTRICTING COMMISSION FOR STATE LEGISLATIVE AND CONGRESSIONAL DISTRICT'S DUTY TO REDRAW DISTRICTS BY NOVEMBER 1, 2021.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The petition for relief is considered. We direct the Clerk to schedule oral argument on the petition for June 21, 2021 at 9:30 a.m. MCR 7.303(B)(6).
The petitioners shall file a supplemental brief addressing: (1) whether the petition properly invokes this Court's original jurisdiction under Const. 1963, art. 6, § 4 or Const. 1963, art. 4, § 6 (19); (2) whether this Court has the authority to deem a constitutional timing requirement as directory instead of mandatory; and, if so; (3) whether the unprecedented delay in the transmission of federal decennial census data justifies a deviation from the constitutional timeline. See, e.g., Ferency v. Secretary of State , 409 Mich. 569, 602, 297 N.W.2d 544 (1980) ; Attorney General ex rel. Miller v. Miller , 266 Mich. 127, 133, 253 N.W. 241 (1934). The petitioners’ brief shall be filed by June 2, 2021, with no extensions except upon a showing of good cause.
We respectfully request the Attorney General to submit separate briefs arguing both sides of the above questions. The briefs shall be filed by June 2, 2021, with no extensions except upon a showing of good cause. Responses to the briefs of the petitioners and the Attorney General shall be filed no later than June 9, 2021.
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.