2022-01-13 PSC Order Granting Preliminary Injunction
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Preliminary injunction, final determination of merits and remedy yet to be resolved
Preliminary injunction, final determination of merits and remedy yet to be resolved
Jacobsen argued that the claim was "unripe," and that the Legislature has not had a chance to respond to the 2020 U.S. Census Data
Jacobsen argued that the claim was "unripe," and that the Legislature has not had a chance to respond to the 2020 U.S. Census Data
In support of that assertion, Jacobsen pointed to "Ample evidence" that legislators will address the issue
In support of that assertion, Jacobsen pointed to "Ample evidence" that legislators will address the issue
Jacobsen's evidence
Jacobsen's evidence
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Jacobsen argument didn't change the court's mind
Jacobsen argument didn't change the court's mind
Events that occur after a suit is filed may moot the action
Events that occur after a suit is filed may moot the action
Communication dates
Communication dates
While the email and letter may indicate possible future action, they have no play in the current case.
While the email and letter may indicate possible future action, they have no play in the current case.
The essential issue is whether the redrawn five district map should derive from the MT Leg or the federal judiciary in advance of the 2022 election cycle.
The essential issue is whether the redrawn five district map should derive from the MT Leg or the federal judiciary in advance of the 2022 election cycle.
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Maximum pop. deviation is 24%, which Jacobsen conceded that the 2020 census data indicated a shift in MT's pop. that has "resulted in large deviations across the representative political districts."
Maximum pop. deviation is 24%, which Jacobsen conceded that the 2020 census data indicated a shift in MT's pop. that has "resulted in large deviations across the representative political districts."
Jacobsen argued at the Jan. 7 hearing that the 2020 Census data was inappropriate to the current legal challenge because the Legislature will not be able to respond to the data until the next session in 2023
Jacobsen argued at the Jan. 7 hearing that the 2020 Census data was inappropriate to the current legal challenge because the Legislature will not be able to respond to the data until the next session in 2023
Jacobsen argued that any viable challenge to the 2022 election cycle has to rely on 2010 Census data, and that the Leg. gets the first crack at redistricting rather than the courts; "Neither argument is persuasive at this point."
Jacobsen argued that any viable challenge to the 2022 election cycle has to rely on 2010 Census data, and that the Leg. gets the first crack at redistricting rather than the courts; "Neither argument is persuasive at this point."
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Challenge measured from 2020 Census data and seeks to compel redistricting for ALL districts
Challenge measured from 2020 Census data and seeks to compel redistricting for ALL districts
Three of the five districts will be subject to the 2024 Election; parties agree that data will be relevant for that election cycle and that there is significant deviation in the districts according to that data
Three of the five districts will be subject to the 2024 Election; parties agree that data will be relevant for that election cycle and that there is significant deviation in the districts according to that data
Agreement between parties and the breadth of the plaintiffs' challenge means that "Plaintiffs are likely to succeed on the merits of their claim."
Agreement between parties and the breadth of the plaintiffs' challenge means that "Plaintiffs are likely to succeed on the merits of their claim."
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Plaintiffs challenging a "stale map" on the basis that new data showed the districts are no longer constitutional
Plaintiffs challenging a "stale map" on the basis that new data showed the districts are no longer constitutional
No statutory or Constitutional requirement that the MT Leg act at certain intervals to redistrict the districts
No statutory or Constitutional requirement that the MT Leg act at certain intervals to redistrict the districts
Jacobsen's premature and belated theory for the challenge doesn't work; "At this stage in the litigation, Plaintiffs have shown a likelihood of success on the merits."
Jacobsen's premature and belated theory for the challenge doesn't work; "At this stage in the litigation, Plaintiffs have shown a likelihood of success on the merits."
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Both parties agree, the districts are out of whack.
Both parties agree, the districts are out of whack.
"If the 2022 election cycle proceeds on the current Commission Districts, the 2020 Census data shows that the voters in that election will be precluded from exercising their Fourteenth Amendment right to have their votes counted with substantially the same degree of weight as other votes."
"If the 2022 election cycle proceeds on the current Commission Districts, the 2020 Census data shows that the voters in that election will be precluded from exercising their Fourteenth Amendment right to have their votes counted with substantially the same degree of weight as other votes."
Jacobsen could try and show that the deviations on the map based on the 2020 Census accommodate a recognized interest, like maintaining the integrity of political subdivisions
Jacobsen could try and show that the deviations on the map based on the 2020 Census accommodate a recognized interest, like maintaining the integrity of political subdivisions
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Case will be set on an expedited trial or summary judgement briefing schedule so that case may be resolved prior to the close of the candidate filing deadline
Case will be set on an expedited trial or summary judgement briefing schedule so that case may be resolved prior to the close of the candidate filing deadline
Jacobsen said that plaintiffs' requested relief was "unprecedented" and would exacerbate voter confusion
Jacobsen said that plaintiffs' requested relief was "unprecedented" and would exacerbate voter confusion
"Plaintiffs have established a likelihood that a constitutional injury is presently occurring."
"Plaintiffs have established a likelihood that a constitutional injury is presently occurring."
MT Leg should have time to respond to the 2020 Census data; "But, at the same time, the limited record shows that the Montana Legislature has consistently failed to remedy malapportioned districts."
MT Leg should have time to respond to the 2020 Census data; "But, at the same time, the limited record shows that the Montana Legislature has consistently failed to remedy malapportioned districts."
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Jacobsen said that the MT Leg's interest in keeping control over the redistricting process is owed deference until the Leg fails to timely act after having an adequate opportunity to do so
Jacobsen said that the MT Leg's interest in keeping control over the redistricting process is owed deference until the Leg fails to timely act after having an adequate opportunity to do so
"As explained above, the Legislature has had opportunities to act, and it has failed to do so."
"As explained above, the Legislature has had opportunities to act, and it has failed to do so."
The public's interest in effective representation and equal voting strength outweighs the Leg's interest in involvement of the redistricting process
The public's interest in effective representation and equal voting strength outweighs the Leg's interest in involvement of the redistricting process
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