Michigan redistricting panel votes to dismiss appeal to US Supreme Court, pay $1.8 million to plaintiffs

DETROIT — Michigan's redistricting commission has voted to drop an appeal to the U.S. Supreme Court that sought to overturn a lower court ruling that found Metro Detroit maps had been racially gerrymandered.

The commission voted 11-0 to dismiss the appeal Thursday, and also agreed to pay the attorney costs and fees of the Detroit plaintiffs who brought the case challenging the maps.

The plaintiffs' attorney fees, expenses and expert costs amounted to a total of $2.4 million, but the settlement agreed to Thursday would cut that price to about $1.7 million for past costs and a cap of $100,000 for future costs. The condition of the settlement required the commission to dismiss its appeal to the U.S. Supreme Court.

"The legal process when a constitutional claim is decided incorporates a claim by the prevailing party for attorney fees to be paid by the opposing party,” the commission's lawyer, David Fink, said. "In this case, the plaintiffs, having prevailed on the initial constitutional claim have a right to seek from the 3-judge panel an award of reasonable attorney fees and expenses.”

Commissioner Anthony Eid noted the agreement not only discounted costs, but also limited future costs related to potential challenges of the Senate map redraw.

"This is quite a substantial savings," Eid said.

Commissioners Rhonda Lange and Rebecca Szetela supported dropping the appeal, arguing it shouldn't have been filed in the first place.

"I was against the appeal from the beginning," Lange said. "I think we should do it and make right what is wrong.”

Plaintiffs' costs would be paid out of the redistricting commission's annual, taxpayer-funded budget. It's not yet clear whether the commission can cover the cost with its existing funds or if it will need to ask the Legislature for additional money.

The U.S. Supreme Court in January denied a motion to halt a lower court ruling that ordered the commission to redraw 13 state House and Senate districts in Detroit after finding the districts were drawn with a predominant focus on race.

...continued

swipe to next page