Pubblicato in: Devoluzione socialismo, Giustizia, Stati Uniti

Suprema Corte. I giudici federali non interferiscano con decisioni politiche.

Giuseppe Sandro Mela.

2019-06-28.

2019-06-27__Gerrymndering 001

«A panel of federal judges on Thursday ordered Michigan’s Republican-controlled legislature to redraw nearly three dozen state and U.S. congressional districts, ruling that the existing lines illegally dilute the power of Democratic voters»

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Gerrymandering. Republicani e democratici si stanno scannando.

«If legislators fail to do so, or if the court finds the new district lines are similarly unconstitutional, the judges said they would draw the maps themselves. The redrawn districts would take effect in time for the 2020 elections»

«The state’s 14 seats in the U.S. House of Representatives are also up for election next year, and a majority of them could have new boundaries under the court’s ruling»

«The decision is likely a boon for Democrats, who in 2018 failed to win a majority of the seats in the state House of Representatives, state Senate or the state’s U.S. congressional delegation despite winning the overall popular vote in all three cases»

Il problema se le corti federali abbiano o meno il potere di interferire e, nel caso, surrogare e vicariare l’autorità politica legalmente costituita è approdato alla Corte Suprema, che il 27 giugno 2019 ha rilasciato la seguente sentenza.

«- The Supreme Court rules that federal courts may not block gerrymandering.

– The vote was 5-4 decision, falling along partisan lines.

– “We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” wrote Chief Justice John Roberts, who delivered the opinion of the court.

– He says those asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.”»

«Partisan gerrymandering claims present political questions beyond the reach of the federal courts»

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Si faccia una grande attenzione. La sentenza vieta alle corti federali di non interferire con l’attività politica degli organi elettivi, non solo nel caso specifico, bensì erga omnes, perché costituirebbe una violazione della Costituzione ed “an unprecedented expansion of judicial power.”

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Da quando gli Elettori hanno nominato Mr Trump presidente degli Stati Uniti, i liberal democratici hanno scatenato una guerra giudiziaria nella quale corti di basso livello, ma di chiara fede liberal, hanno sistematicamente bloccato le azioni politiche del Governo. Tutte codeste sentenze sono state poi cassate dalla Suprema Corte, ed anche malo modo, ma l’Amministrazione ne ha risentito, specialmente a livello internazionale, complice la cassa di risonanza dei media liberal.

Alla luce di codesta sentenza possiamo affermare che tali azioni furono il tentativo rivoluzionario di instaurare la dittatura dei giudici.

«an unprecedented expansion of judicial power»

I giudici devono solo attenersi alle leggi, astenendosi dalla politica.

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«Voters and other plaintiffs in North Carolina and Maryland filed suits challenging their States’ congressional districting maps as unconstitutional partisan gerrymanders. The North Carolina plaintiffs claimed that the State’s districting plan discriminated against Democrats, while the Maryland plaintiffs claimed that their State’s plan discriminated against Republicans. The plaintiffs alleged violations of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, the Elections Clause, and Article I, §2. The District Courts in both cases ruled in favor of the plaintiffs, and the defendants appealed directly to this Court.

Held: Partisan gerrymandering claims present political questions beyond the reach of the federal courts. Pp. 6–34.

….

In these cases, the Court is asked to decide an important question of constitutional law. Before it does so, the Court “must find that the question is presented in a ‘case’ or ‘controversy’ that is . . . ‘of a Judiciary Nature.’ ” DaimlerChrysler Corp. v. Cuno, 547 U. S. 332,

  1. While it is “the province and duty of the judicial department to say what the law is,” Marbury v. Madison, 1 Cranch 137, 177, sometimes the law is that the Judiciary cannot entertain a claim because it presents a non justiciable “political question,” Baker v. Carr, 369

  2. S. 186, 217. Among the political question cases this Court has identified are those that lack “judicially discoverable and manageable standards for resolving [them].” Ibid. This Court’s partisan gerrymandering cases have left unresolved the question whether such claims are claims of legal right, resolvable according to legal principles, or political questions that must find their resolution elsewhere. See Gill v. Whitford, 585 U. S ….

Courts have nonetheless been called upon to resolve a variety of questions surrounding districting. The claim of population inequality among districts in Baker v. Carr, for example, could be decided under basic equal protection principles. 369 U. S., at 226. Racial discrimination in districting also raises constitutional issues that can be addressed by the federal courts. See Gomillion v. Lightfoot, 364 U. S. 339, 340. Partisan gerrymandering claims have proved far more difficult to adjudicate, in part because “a jurisdiction may engage in constitutional political gerrymandering.” Hunt v. Cromartie, 526

  1. S. 541, 551. To hold that legislators cannot take their partisan interests into account when drawing district lines would essentially countermand the Framers’ decision to entrust districting to political entities. The “central problem” is “determining when political gerrymandering has gone too far.”….

Any standard for resolving partisan gerrymandering claims must be grounded in a “limited and precise rationale” and be “clear, manageable, and politically neutral.” ….

Partisan gerrymandering claims rest on an instinct that groups with a certain level of political support should enjoy a commensurate level of political power and influence. Such claims invariably sound in a desire for proportional representation, but the Constitution does not require proportional representation, and federal courts are neither equipped nor authorized to apportion political power as a matter of fairness. …..

The fact that the Court can adjudicate one-person, one-vote claims does not mean that partisan gerrymandering claims are justiciable. This Court’s one-person, one-vote cases recognize that each person is entitled to an equal say in the election of representatives. It hardly follows from that principle that a person is entitled to have his political party achieve representation commensurate to its share of statewide support.»

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Sua Giustizia Roberts Allega Sua Su Opinione, tra cui leggiamo:

«The question is whether the courts below appropriately exer­cised judicial power when they found them unconstitu­tional as well.»

Sua Giustizia Kagan allega un’Opinione contraria.

«Nor is there any reason to doubt, as the majority does, the competence of courts to determine whether a district map “substantially” dilutes the votes of a rival party’s supporters from the everything-but-partisanship baseline described above.»

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Cnbc. 2019-06-27. Supreme Court decides federal judges cannot block gerrymandering

– The Supreme Court rules that federal courts may not block gerrymandering.

– The vote was 5-4 decision, falling along partisan lines.

– “We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” wrote Chief Justice John Roberts, who delivered the opinion of the court.

– He says those asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.”

*

The Supreme Court ruled Thursday that federal courts may not block gerrymandering in a 5-4 decision that fell along partisan lines.

“We conclude that partisan gerrymandering claims present political questions beyond the reach of the federal courts,” wrote Chief Justice John Roberts, who delivered the opinion of the court. Roberts wrote that those asking the top court to block gerrymandered districts effectively sought “an unprecedented expansion of judicial power.”

“Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions,” he wrote.

The court’s decision prompted a fierce dissent from its liberal wing. Justice Elena Kagan wrote a dissent joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.

“Of all times to abandon the Court’s duty to declare the law, this was not the one,” Kagan wrote. “The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections.”

Gerrymandering has largely benefited Republicans in recent years because of the 2010 midterm wave that handed the party control of numerous statehouses across the country. Districts are drawn nationwide every 10 years. The next redistricting is scheduled to take place after the 2020 census.

The justices considered two cases, out of North Carolina and Maryland, in which voters alleged that their congressional districts were unfairly drawn to benefit one political party. The top court had never declared a district map as too partisan. During arguments in March, the conservatives seemed reluctant to weigh in on the matter.

“For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities,” Kagan wrote.

The two cases came from North Carolina and Maryland. In North Carolina, Democratic voters alleged that a map drawn by the GOP legislature in 2016 unfairly benefited Republicans.

In Maryland, it was Republicans who challenged the map, saying that one congressional district drawn in 2011 was unfairly tilted in favor of the Democrats.

In both cases, those behind the maps admitted that they were drawn to benefit their party.

The cases are known as Lamone v. Benisek, No. 18-726, and Rucho v. Common Cause, No. 18-422.

Annunci
Pubblicato in: Devoluzione socialismo, Giustizia, Stati Uniti, Trump

Supreme Court. Gerrymanderings. Bocciate le sentenze dei giudici liberal.

Giuseppe Sandro Mela.

2019-05-26.

2019-05-25__Gerrymanders__001

Supreme Court temporarily blocks rulings requiring new voting maps for Ohio and Michigan [Nbc]

«Lower courts had invalidated the GOP-friendly maps as partisan gerrymandering and ordered them redrawn before the 2020 election.»

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«The U.S. Supreme Court on Friday blocked lower court rulings that invalidated, as partisan gerrymandering, Ohio’s map for congressional districts and Michigan’s maps for congressional and state legislative districts.

The high court’s orders put on hold efforts in both states to redraw their electoral maps ahead of the 2020 elections, a remedy ordered by the lower courts.

In the Ohio case, a three-judge panel ruled unanimously earlier this month that the district map drawn up by the Republican-controlled Legislature unconstitutionally discriminated against Democrats. “We are convinced by the evidence that this partisan gerrymander was intentional,” the ruling said.»

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Abbiamo già ampiamente riportato sul problema del gerrymandering.

Gerrymandering. Republicani e democratici si stanno scannando.

Ogni dieci anni, ovvero quando ne emergessero le necessità, gli stati hanno la possibilità di ridisegnare con una apposita legge i confini dei distretti elettorali, equiripartendo al meglio possibile la popolazione nei seggi. Il termine gerrymandering designa una mappa di distretto elettorale artatamente manipolata per ottenere un vantaggio elettorale.

Negli ultimi anni i liberal democratici hanno contestato la mappatura fatta da governi repubblicani, portando il tutto nanti corti federali ove sedessero giudici di eguale dottrina. Queste corti avevano immediatamente bloccato la mappatura, imponendo agli stati il ritorno al pristino.

Orbene, il tutto è finito davanti alla Suprema Corte, che ha cassato le sentenze emesse da quelle corti inferiori.

La faccenda è al momento tutt’altro che conclusa, ma l’orientamento della Suprema Corte sembrerebbe essere oramai definito.

Con la nomina delle loro Giustizie Mr Gorsuch e Mr Kavanaugh, Mr Trump ha ricostituito la Suprema Corte con giudici ligi e rispettosi della costituzione: l’epoca in cui i giudici liberal democratici imponevano la loro ideologia con sentenze tribunizie sembrerebbe andare al termine. È la fine dei processi alle intenzioni, dei processi politici, dell’uso partigiano delle corti di giustizia.

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«The U.S. Supreme Court on Friday blocked lower court rulings that had ordered Republican legislators in Michigan and Ohio to redraw U.S. congressional maps ahead of the 2020 elections after finding that the current districts were designed to illegally diminish the power of Democratic voters»

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«The justices granted requests from Republican lawmakers in both states to stay those decisions»

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«The lower courts found that the electoral maps had been drawn to entrench the majority party in power, a practice known as partisan gerrymandering, in violation of the U.S. Constitution.»

*

«While both disputes involve U.S. House of Representatives districts in the two states, the Michigan case also challenges districts in the state legislature as well»

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«Two other gerrymandering challenges are already pending at the Supreme Court, with rulings due by the end of June. In one case, Republican legislators in North Carolina are accused of rigging congressional maps to boost their party’s chances in that state»

* * * * * * *

Entro qualche mese la Suprema Corte dovrà sentenziare su molte questioni che avrebbero dovuto essere oggetto di dibattito politico in sede congressuale. A seconda di come orienteranno il giudizio, il mondo potrebbe subire una mutazione.



Reuters. 2019-05-25. U.S. Supreme Court blocks redrawing of Ohio, Michigan electoral maps

The Supreme Court on Friday blocked lower court rulings ordering Republican legislators in Michigan and Ohio to redraw U.S. congressional maps ahead of the 2020 elections, dealing a blow to Democrats who had argued that the electoral districts were intended to unlawfully diminish their political clout.

The justices granted requests from Republican lawmakers in both states to put those decisions on hold, halting further action in the cases and the need to rework electoral district boundaries. The justices did not provide any explanation for their brief orders.

The lower courts found that the electoral maps in the two states had been drawn to entrench Republicans in power by manipulating boundaries in a way that reduced the voting clout of Democrats – a practice known as partisan gerrymandering – in violation of the U.S. Constitution.

While both disputes involve U.S. House of Representatives districts in the two states, the Michigan case challenges districts in the state legislature as well.

The decisions in Michigan and Ohio that were put on hold by the justices were the latest rulings by federal courts determining that electoral maps designed by a state’s majority party unconstitutionally undermined the rights of voters who tend to support the other party.

But the action by the justices was not unexpected as they weigh two other gerrymandering cases – one from North Carolina and the other from Maryland – that could decide definitively whether federal judges have the power to intervene to curb partisan gerrymandering. The rulings in those cases, due by the end of June, are likely to dictate whether the legal challenges against the Ohio and Michigan electoral maps can move forward.

The Supreme Court on Friday blocked lower court rulings ordering Republican legislators in Michigan and Ohio to redraw U.S. congressional maps ahead of the 2020 elections, dealing a blow to Democrats who had argued that the electoral districts were intended to unlawfully diminish their political clout.

The justices granted requests from Republican lawmakers in both states to put those decisions on hold, halting further action in the cases and the need to rework electoral district boundaries. The justices did not provide any explanation for their brief orders.

The lower courts found that the electoral maps in the two states had been drawn to entrench Republicans in power by manipulating boundaries in a way that reduced the voting clout of Democrats – a practice known as partisan gerrymandering – in violation of the U.S. Constitution.

While both disputes involve U.S. House of Representatives districts in the two states, the Michigan case challenges districts in the state legislature as well.

The decisions in Michigan and Ohio that were put on hold by the justices were the latest rulings by federal courts determining that electoral maps designed by a state’s majority party unconstitutionally undermined the rights of voters who tend to support the other party.

But the action by the justices was not unexpected as they weigh two other gerrymandering cases – one from North Carolina and the other from Maryland – that could decide definitively whether federal judges have the power to intervene to curb partisan gerrymandering. The rulings in those cases, due by the end of June, are likely to dictate whether the legal challenges against the Ohio and Michigan electoral maps can move forward.

In the North Carolina case, Republican legislators were accused of rigging congressional maps to boost their party’s chances. In the Maryland, Democratic lawmakers faced similar allegations over one U.S. House district.

The Ohio and Michigan lawsuits accused Republican-controlled legislatures in the two states of discriminating against Democratic voters for their political views in violation of the U.S. Constitution’s guarantees of equal treatment under the law and freedom of association.

Critics have said that gerrymandering, a feature of U.S. politics for generations, has become increasingly extreme and effective at advancing the interests of a political party as a result of precise voter data and powerful computer technology, illegally shaping the outcome of elections.

The Supreme Court has previously intervened when legislators impermissibly sought to dilute the voting power of racial minorities, but it has never curbed gerrymandering for purely partisan purposes.

The Michigan and Ohio lawsuits were filed by voting rights groups and individual Democratic voters. Nine U.S. House and 25 state legislative districts were at issue in Michigan, while Ohio’s case involved 16 U.S. House districts.

A three-judge panel in Detroit on April 25 ruled in the Democratic voters’ favor in the Michigan case, calling gerrymandering a “pernicious practice that undermines our democracy,” and ordered state officials to draw new maps by Aug. 1.

A three-judge panel in Cincinnati on May 3 sided with the Democratic voters in the Ohio case, and ordered the state to create a plan to fix the map by June 14.

Electoral districts are typically redrawn once a decade after the U.S. census to reflect population changes. In many states, the party in power controls the map-making.

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MSN. 2019-05-25. U.S. Supreme Court blocks redrawing of Ohio, Michigan electoral maps

The U.S. Supreme Court on Friday blocked lower court rulings that had ordered Republican legislators in Michigan and Ohio to redraw U.S. congressional maps ahead of the 2020 elections after finding that the current districts were designed to illegally diminish the power of Democratic voters.

The justices granted requests from Republican lawmakers in both states to stay those decisions. The lower courts found that the electoral maps had been drawn to entrench the majority party in power, a practice known as partisan gerrymandering, in violation of the U.S. Constitution.

While both disputes involve U.S. House of Representatives districts in the two states, the Michigan case also challenges districts in the state legislature as well.

The decisions in Michigan and Ohio that were put on hold by the justices were the latest rulings by federal courts determining that electoral maps designed by a state’s majority party unconstitutionally undermined the rights of voters who tend to support the other party.

Two other gerrymandering challenges are already pending at the Supreme Court, with rulings due by the end of June. In one case, Republican legislators in North Carolina are accused of rigging congressional maps to boost their party’s chances in that state. In the other case, Democratic lawmakers in Maryland face similar allegations over one U.S. House district.

Pubblicato in: Devoluzione socialismo, Unione Europea

Gerrymandering. Republicani e democratici si stanno scannando.

Giuseppe Sandro Mela.

2019-05-08.

Springfield Collegio 001

Collegio Distrettuale di Springfield. L’arte di disegnare i collegi elettorali.


Gerrymandering deriva dal nome dell’inventore, Mr Gerry, e da ‘salamander‘: la salamandra di Gerry.

L’allora Governatore del Massachusetts, Mr Elbridge Gerry nei primi dell’ottocento constatò come gli elettori fossero raggruppato in zone ben definite: quindi ridisegnò i perimetri dei collegi elettorali uninominali in modo tale da assicurare a sé stesso ed al suo partito una vittoria con percentuali bulgare.

Il sistema fu accolto con grandi ovazioni da parte dei politici, che si dettero un gran da fare. I collegi della Scozia e quelli dell’Irlanda del Nord furono a suo tempo gerrymanderingzati con mano pesante, ma, ad esser franchi, anche quelli italiani non scherzano per nulla. Poi, qui da noi servì tutta la abilità del partito democratico italiano per non cogliere l’occasione propizia.

Ma non tutto il male viene per nuocere.

Per promuovere il bene del popolo e la prosperità della nazione, i politici investirono ingentissime somme per fondare una nuova branca della matematica statistica: la teoria dell’ottimizzazione, che solo dopo molto tempo fu applicata alla razionalizzazione dei procedimenti industriali.

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Negli Stati Uniti, caratterizzati da grande mobilità delle persone, i distretti ed i collegi elettorali dovrebbero essere regolarmente rivisti per distribuire in modo abbastanza omogeneo in essi la popolazione. Di norma, ci si basa sui dati censuali della popolazione. Ma ogni volta che ciò accade il gerrymandering colpisce forte e duramente. Di lì contenziosi e voce grossa, talora anche pallottole vaganti. In linea generale il grosso del contenzioso accade negli stati ove una fazione politica abbia il controllo della Corte Suprema dello stato: quei giudici hanno la potestà di mettere la parola fine alla diatriba. Solitamente, fanno i loro appunti, e rimandano tutti ai legislatori: ma quando perdono la pazienza, ridisegnano loro i distretti.

Non ci si stupisca quindi che alla fine tutto approdi alla Corte Suprema degli Stati Uniti, la Scotus. Ed al momento Scotus si sta anche interessando delle modalità con le quali il Census raccoglie i dati. Il clima politico è al calor rovente.

«A panel of federal judges on Thursday ordered Michigan’s Republican-controlled legislature to redraw nearly three dozen state and U.S. congressional districts, ruling that the existing lines illegally dilute the power of Democratic voters»

*

«The decision gives lawmakers until Aug. 1 to approve new district maps»

*

«If legislators fail to do so, or if the court finds the new district lines are similarly unconstitutional, the judges said they would draw the maps themselves. The redrawn districts would take effect in time for the 2020 elections»

*

«The state’s 14 seats in the U.S. House of Representatives are also up for election next year, and a majority of them could have new boundaries under the court’s ruling»

*

«The decision is likely a boon for Democrats, who in 2018 failed to win a majority of the seats in the state House of Representatives, state Senate or the state’s U.S. congressional delegation despite winning the overall popular vote in all three cases»

*

«Partisan gerrymandering is the process by which one party draws legislative districts to weaken the other party’s voters»

*

«The lines are typically redrawn once a decade after the U.S. census, and in many states the party in power controls the decision-making»

*

«The Supreme Court has historically been reluctant to assert judicial oversight over what has always been a political undertaking»

*

«The Supreme Court could choose to put the Michigan ruling on hold until it issues its own decision, which is expected by June»

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Una possibile soluzione potrebbe essere quella di prevedere maggioranze qualificate per approvare una riforma dei collegi e dei distretti. Si potrebbe prospettare che almeno il 75% dei legislatori voti a favore.


Reuters. 2019-05-05. U.S. judges order Michigan to revamp Republican-drawn districts in gerrymandering case

A panel of federal judges on Thursday ordered Michigan’s Republican-controlled legislature to redraw nearly three dozen state and U.S. congressional districts, ruling that the existing lines illegally dilute the power of Democratic voters.

The decision gives lawmakers until Aug. 1 to approve new district maps, which would need to be signed by Democratic Governor Gretchen Whitmer.

If legislators fail to do so, or if the court finds the new district lines are similarly unconstitutional, the judges said they would draw the maps themselves. The redrawn districts would take effect in time for the 2020 elections.

The court also ordered Michigan to hold special state Senate elections next year, rather than in 2022 as scheduled, in any gerrymandered districts. The state’s 14 seats in the U.S. House of Representatives are also up for election next year, and a majority of them could have new boundaries under the court’s ruling.

The decision is likely a boon for Democrats, who in 2018 failed to win a majority of the seats in the state House of Representatives, state Senate or the state’s U.S. congressional delegation despite winning the overall popular vote in all three cases.

“Today, this court joins the growing chorus of federal courts that have, in recent years, held that partisan gerrymandering is unconstitutional,” U.S. District Judge Eric Clay, an appointee of former U.S. President Bill Clinton, wrote for a unanimous three-judge panel.

Partisan gerrymandering is the process by which one party draws legislative districts to weaken the other party’s voters. The lines are typically redrawn once a decade after the U.S. census, and in many states the party in power controls the decision-making.

In late March, the U.S. Supreme Court heard arguments on whether such gerrymandering violates the U.S. Constitution in a case stemming from the electoral maps in Maryland and North Carolina.

The Supreme Court has historically been reluctant to assert judicial oversight over what has always been a political undertaking.

The judges in the Michigan case said the gerrymandered map “gives Republicans a strong, systematic, and durable structural advantage in Michigan’s elections and decidedly discriminates against Democrats.”

The result is a violation of Democratic voters’ constitutional right under the First Amendment to freely associate, the court said.

“Federal courts must not abdicate their responsibility to protect American voters from this unconstitutional and pernicious practice that undermines our democracy,” the judges wrote.

Republican lawmakers, who intervened in the case, will appeal the ruling to the U.S. Supreme Court, state Senate Majority Leader Mike Shirkey said.

“We will prepare to comply with this most recent ruling while we await the outcome of the appeal,” Shirkey said in a statement.

The Supreme Court could choose to put the Michigan ruling on hold until it issues its own decision, which is expected by June.

The lawsuit was filed by a number of Democratic voters and by the League of Women Voters of Michigan.

Michigan was key to U.S. President Donald Trump’s victory in 2016, when he became the first Republican presidential candidate to win the state’s support in nearly 30 years. The state is likely to be a major battleground state next year, when Trump runs for a second term.