State of Pennsylvania

Pennsylvania Legislative Redistricting Challenge

Benninghoff v. 2021 Legislative Reapportionment Commission

Lawsuit filed on behalf of Kerry Benninghoff (R), the majority leader of the Pennsylvania House of Representatives, challenging the state’s new legislative maps drawn with 2020 census data. The petition, filed in the Pennsylvania Supreme Court, argues that the new state House and Senate maps are “extreme partisan outlier[s]” that favor Democrats, unnecessarily split political subdivisions and contain districts with excessive population deviations. The plaintiff also alleges that certain state House districts are racial gerrymanders because race was used as the predominant factor in drawing without any compelling state or Voting Rights Act (VRA) reason. The petition argues that the maps violate the Pennsylvania Constitution, VRA and the 14th and 15th Amendments of the U.S. Constitution and they should be replaced with maps that comply with state and federal law. However, due to fast approaching election deadlines, the plaintiff requests that the 2022 elections are held under the districts enacted in 2012. The Pennsylvania Supreme Court upheld the plan, finding that it complied with all state and federal laws. Benninghoff petitioned the U.S. Supreme Court to reverse the Pennsylvania Supreme Court’s decision upholding the maps.

Case Documents (PA supreme Court)

Case Documents (u.s. Supreme Court)

Last updated: