Order Michigan Supreme Court
Lansing, Michigan
May 20, 2021 Bridget M. McCormack,
Chief Justice
162891 & (3) Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
In re INDEPENDENT CITIZENS SC: 162891 Elizabeth M. Welch,
REDISTRICTING COMMISSION FOR Justices
STATE LEGISLATIVE AND CONGRESSIONAL
DISTRICT’S DUTY TO REDRAW DISTRICTS
BY NOVEMBER 1, 2021.
_________________________________________/
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 (1980);
Attorney General ex rel Miller v Miller, 266 Mich 127, 133 (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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 20, 2021
b0519
Clerk