Top New York court tosses redistricting map in defeat for Democrats by Ryan King

https://www.washingtonexaminer.com/politics/top-new-york-court-tosses-out-redistricting-map-in-massive-defeat-for-democrats

“If the congressional maps had stayed in effect, Democrats likely would have expanded their 19-8 majority to 22-4 under the new lines, according to experts’ testimony. The state lost a seat during the most recent census.Because Wednesday’s ruling, a 4-3 decision, came from the highest court in the state, Democrats will likely not be able to appeal.”

New York’s highest court threw out the state’s redistricting maps, dealing a massive blow to Democrats for the 2022 midterm election cycle.

The New York State Court of Appeals sided with lower courts in its determination that the three maps were unconstitutionally gerrymandered and ordered the adoption of a neutral plan to be crafted by a special master.

The maps were “procedurally unconstitutional, and the congressional map is also substantively unconstitutional as drawn with impermissible partisan purpose,” the court said. “We are confident that, in consultation with the Board of Elections, Supreme Court can swiftly develop a schedule to facilitate an August primary election, allowing time for the adoption of new constitutional maps.”

 

The Democratic-controlled legislature’s decision to draw its own maps when the New York State Independent Redistricting Commission failed to reach a consensus was unconstitutional, petitioners successfully argued.

“Petitioners first asserted that, in light of the lack of compliance by the IRC and the legislature with the procedures set forth in the Constitution, the legislature’s enactment of the 2022 redistricting maps contravened the Constitution,” the Wednesday ruling said. “To conclude otherwise, petitioners contend, would be to render the 2014 amendments — touted as an important reform of the redistricting process — functionally meaningless. We agree.”

Last week, the state’s maps for U.S. House seats and state legislative seats were stricken by a five-judge panel, which found that “evidence of the largely one-party process used to enact the 2022 congressional map, a comparison of the 2022 congressional map to the 2012 congressional map, and the expert opinion and supporting analysis of Sean P. Trende, met petitioners’ burden of establishing that the 2022 congressional map was drawn to discourage competition and favor Democrats.”

That ruling marked the second time the maps were tossed following a March decision from a Steuben County judge that Democrats “packed Republicans into four districts thus cracking the Republican voters in neighboring districts and virtually guaranteeing Democrats winning 22 seats.”

Democrats’ aggressive apportionment did not follow the state constitutional process for redistricting, judges found. When the New York State Independent Redistricting Commission ran into a deadlock earlier in the year, the Democratic-controlled legislature generated the new maps. Prior court rulings were mixed on the constitutionality of this procedure.

 

If the congressional maps had stayed in effect, Democrats likely would have expanded their 19-8 majority to 22-4 under the new lines, according to experts’ testimony. The state lost a seat during the most recent census.

Because Wednesday’s ruling, a 4-3 decision, came from the highest court in the state, Democrats will likely not be able to appeal.

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