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. This case is pending in the U.S. District Court for the Southern District of Ohio.
Ohio is challenging 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 contends that this delay will prevent Ohio from completing its redistricting process by the state’s constitutionally prescribed deadline. The suit argues that the state will 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 will be forced to use alternative data or miss state deadlines. The suit further alleges 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 will affect states with various deadlines.
Ohio is asking the court to declare that the Census Bureau’s announcement violates the federal Census Act and Administrative Procedure Act. The state is also asking 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. As of June 28, 2021, the Census Bureau anticipates providing Ohio with its redistricting data, in a legacy format, by August 16, 2021.
- 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)
U.S. Court of Appeals for the Sixth Circuit (Case No. 21-3294, OH v. Gina Raimondo, et al)