KENNETH L. SIMON; LEWIS W. MACKLIN, II; HELEN YOUNGBLOOD v. MIKE DEWINE; FRANK LAROSE; OHIO REDISTRICTING COMMISSION; ROBERT R. CUPP; MATTHEW C. HUFFMAN; KEITH FABER - Articles

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KENNETH L. SIMON; LEWIS W. MACKLIN, II; HELEN YOUNGBLOOD v. MIKE DEWINE; FRANK LAROSE; OHIO REDISTRICTING COMMISSION; ROBERT R. CUPP; MATTHEW C. HUFFMAN; KEITH FABER

Posted by: Tanja Trezise on Apr 9, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Percy Squire, PERCY SQUIRE, Columbus, Ohio, for Appellants.

Attorneys 2: ON BRIEF: Bryan B. Lee, Stephen P. Tabatowski, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

Judge(s): BATCHELDER, MOORE, and KETHLEDGE, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Youngstown

KAREN NELSON MOORE, Circuit Judge. Reverend Kenneth Simon, Reverend Lewis W. Macklin, II, and Helen Youngblood (collectively, the “Simon Parties”) sued the Ohio Redistricting Commission and several of its members, including Governor Mike DeWine, Secretary of State Frank LaRose, Speaker of the Ohio House of Representatives Robert Cupp, President of the Ohio Senate Matthew Huffman, and Auditor Keith Faber (collectively, the “Ohio Redistricting Commission”). The Simon Parties allege that Ohio’s congressional districts violate section 2 of the Voting Rights Act, the First Amendment, the Fourteenth Amendment, and the Fifteenth Amendment. The Simon Parties moved to convene a three-judge court under 28 U.S.C. § 2284, and the Ohio Redistricting Commission opposed that motion and moved to dismiss the complaint. The district court denied the motion to convene a three-judge court, granted the motions to dismiss, and denied all other pending motions. For the reasons explained below, we REVERSE the district court’s order denying the motion for a three-judge court, VACATE the district court’s order granting the motions to dismiss and denying the motion for temporary restraining order and motion for class certification, and REMAND the case to the district court with directions for it immediately to initiate the procedures to convene a three-judge court under 28 U.S.C. § 2284.

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