Litigation
Agee v. Benson Amicus Brief
On March 23, 2022, a group of Michigan voters filed a federal lawsuit against Michigan’s Secretary of State and the Michigan Independent Citizens Redistricting Commission (MICRC). Agee v. Benson was a federal redistricting litigation case challenging Michigan’s state legislative maps for violating Section 2 of the Voting Rights Act (VRA) and the Equal Protection Clause of the Constitution. This challenge concerned the ability of Black voters to elect candidates of their choice. The plaintiffs requested a court order requiring the MICRC to either redraw the districts not in compliance with the VRA and 14th Amendment or to adopt a proposed remedy map.
In the joint amicus brief filed with Michigan State University professor Jon X. Eguia, Common Cause recommends that the court take another look at Michigan’s state Senate map for dilution of Black voting power in Detroit. Statistical evidence of computer-generated maps clearly demonstrates that the MICRC could have drawn more state Senate districts in which Black Michiganders can elect their candidates of choice. The brief also argued that the MICRC failed to consider community testimony in which experts, educators, and Detroit residents expressed concern over the lack of representation.
In December 2023, the trial court found that the state legislative voting maps to contain districts that are unconstitutional racial gerrymanders, and the MICRC ultimately adopted new state House and state Senate maps to take effect beginning in the 2024 election cycle.
