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Tuesday, April 10, 2012
Three Judge Panel Will Hear Reapportionment Case
By Selected News Articles @ 10:28 PM :: 4699 Views :: Energy, Environment

Redistricting case will be heard in May

UPDATE May 14 Star-Adv: A tentative date of May 10 or 11 has been set to hear a motion seeking an injunction to stop the implementation of the state Reapportionment Commission's final reapportionment and redistricting plan.

The case is to be heard by a three-judge panel of the 9th U.S. Circuit Court of Appeals. The hearing date is subject to the availability of the two other judges — to be appointed by the chief judge of the 9th Circuit — who will hear the case with U.S. District Judge J. Michael Seabright of Honolulu.

read … Redistricting

From Text of Court Order: "On April 9, 2012, the court held a status conference to discuss the parties’ positions regarding Plaintiffs’ request for a three-judge panel. At the conference, Defendants agreed that substantial questions of constitutionality require the convening of a three-judge court. Further, from the court’s preliminary review of the Complaint and relevant case law, the court finds that the constitutional claims are not insubstantial for purposes of § 2284. The court therefore GRANTS Plaintiffs’ request for a three-judge court…."

SA: Federal judges will hear challenge to state reapportionment plan
SA: A federal lawsuit challenging the state's reapportionment plan will be heard by a three-judge panel of the U.S. District Court.
U.S. District Judge J. Michael Seabright today issued the order granting the request of the plaintiffs.
At a status conference Monday, "defendants agreed that substantial questions of constitutionality require the convening of a three-judge court," the order states. "Further, from the court's preliminary review of the complaint and relevant case law, the court finds that the constitutional claims are not insubstantial."
A state legislator and five other registered voters filed a federal lawsuit Friday, challenging the reapportionment plan as unconstitutional.
The suit says the plan violates the Constitution's equal protection clause by excluding more than 108,000 military members, their families and university students in drawing up boundaries for state legislative districts.

 

 

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