State court challenge to the congressional plan, alleging partisan gerrymandering and minority vote dilution unlawful under the state’s constitution.

On April 25, 2022, the trial court found the plan unconstitutional on the grounds that it was an unlawful partisan gerrymander and that it intentionally diluted minority votes.  On appeal, on June 21, 2022 (with a full opinion following on July 12, 2022), the state Supreme Court reversed the district court’s judgment and upheld the congressional plan.  The state Supreme Court found partisan gerrymandering claims to be nonjusticiable under the state constitution, and found that plaintiffs did not provide sufficient evidence of the impermissible use of race or of minority vote dilution.  Specifically, the court held that the state constitution followed the federal constitution on partisan gerrymandering claims, and also found that minority plaintiffs could maintain a claim for intentional race-based vote dilution only if they constituted a majority in a district-sized area.

The plaintiffs petitioned the U.S. Supreme Court for a writ of certiorari, alleging that the state Supreme Court incorrectly applied the legal standard for their intentional discrimination claim under the 14th Amendment. The petition was denied on Mar. 27, 2023.