LEGISLATIVE RESEARCH COM'N v. FISCHER

Nos. 2012-SC-000091-TG, 2012-SC-000092-TG.

366 S.W.3d 905 (2012)

LEGISLATIVE RESEARCH COMMISSION, Appellant, v. Joseph M. FISCHER; Jeff Hoover; Kim King; Frey Todd; Anthony Gaydos; Alison Lundergan Grimes, in her Official Capacity as Kentucky Secretary of State; Kentucky State Board of Elections; Maryellen Allen, in her Official Capacity as Interim Acting Executive Director of the Kentucky State Board of Elections; David B. Stevens, M.D.; David O'Neill; Jack Stephenson; Marcus McGraw; and Kathy Stein, Appellees.

Supreme Court of Kentucky.

April 26, 2012.


Attorney(s) appearing for the Case

Laura Hromyak Hendrix , General Counsel, Legislative Research Commission, Frankfort, KY, Sheryl G. Snyder , Frost Brown Todd LLC, Louisville, KY, Counsel for Appellant.

Jack Conway , Attorney General of Kentucky, David B. Tachau , Dustin Elizabeth Meek , Jonathan Todd Salomon , Katherine Ellen McKune , Tachau Meek PLC, Louisville, KY, Anita Mae Britton , Britton, Osborne & Johnson, PLLC, Lexington, KY, Counsel for Appellees Alison Lundergan Grimes, in her Official Capacity as Kentucky Secretary of State, Kentucky State Board of Elections, and Maryellen Allen, in her Official Capacity as Interim Acting Executive Director of the Kentucky State Board of Elections.

Victor Bruce Maddox , Jennifer Metzger Stinnett , John David Dyche , Jason Michael Nemes , Fultz, Maddox, Hovious & Dickens, PLC, Louisville, KY, Counsel for Appellees Joseph M. Fischer, Jeff Hoover, Kim King, Frey Todd, and Anthony Gaydos.

Scott White , Morgan & Pottinger, P.S.C., Lexington, KY, Counsel for Appellees David B. Stevens, M.D., David O'Neill, Jack Stephenson, Marcus McGraw, and Kathy Stein.


Opinion of the Court by Chief Justice MINTON.

Applying legal precedent established nearly twenty years ago in Fischer v. State Bd. of Elections1 (Fischer II), the trial court found the legislative redistricting plans of House Bill 12 facially unconstitutional and issued a temporary injunction preventing the Kentucky Secretary of State and the...

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