Hinman Straub
Initially, the New York State Supreme Court (the State’s lowest court – not THE Supreme Court) denied an attempt by Congressional Democrats to require that new lines be drawn for New York State congressional districts. Congressional Democrats argued that the lines drawn by the special master – to replace those that were rejected by the court for being an unconstitutional gerrymander as well as an unconstitutional process for the drawing of the lines – were only meant to be used in the 2022 elections and that the Independent Redistricting Commission (“IRC”) should draw new lines – as required in the state Constitution. The Judge rejected that argument based on the lack of process for such a redrawing of the lines in the state constitution. In fact, the timelines under which the IRC is authorized to act are specifically outlined in the state constitution – this current action of course falling well outside of the prescribed timelines within which the IRC is authorized to act.
A majority of appellate judges (those in the Appellate Division – the Court in between the State Supreme Court and the New York State Court of Appeals ), ignoring the actual language of the State Constitution, overturned this decision in a 3-2 vote and ordered the IRC to draw new congressional maps for 2024. The Congressional Republicans have appealed this decision. The New York State Court of Appeals (the State’s highest court) is set to hear arguments on this case in November. It is hard to predict how they will decide. But, to casual observers of politics and the courts, based on the issues surrounding Hector LaSalle’s spiked confirmation and Judge Rowan Wilson’s ascension as Chief Judge – it appears as though Congress is likely to get new lines. Stayed tuned in November!