On Thursday, the state Supreme Court, which is the appellate level in New York, ruled in favor of Democrats who are looking to redraw congressional lines for 2024, rather than wait until the next census. Democrats, including Gov. Kathy Hochul and Attorney General Letitia James, blame their midterm losses on the congressional maps drawn by the courts, as if it couldn't possibly be because voters were tired of Democrats and their disastrous policies. If this ruling stands, the Democratic-controlled legislature will be allowed to draw up new maps for 2024.
That isn't to say that the ruling will be the final say. Whatever the outcome was going to be, it was always certain that the losing party would appeal to the Court of Appeals, which is New York's top court.
As POLITICO covered, the ruling is indeed being challenged:
But the case is expected to be appealed to the Court of Appeals, the state’s top court, which will ultimately decide the issue. That looming decision will potentially reshape the political calculus in the congressional elections in New York, which has emerged as one of the country’s top battlegrounds.
Former Rep. John Faso, who has helped organize Republican efforts around redistricting in recent years, confirmed the ruling will be challenged.
“We remain confident the Court of Appeals will uphold the decision in Harkenrider v. Hochul - that the fair lines established by the District Court will be maintained and will preserve the New York Constitution’s prohibition against mid-decade redistricting,” he said in a statement.
It is not as if Democrats didn't have their chance for 2022. They tried to redraw the lines after the 2020 census showed New York was poised to lose a seat. What followed were some of the most egregious forms of gerrymandering, with the maps even earning the name of "hochulmander."
New York's state Constitution Article III, Section 4 Subsection (c) literally states "districts shall be as compact in form as practical". This is the proposed #NY10 congressional district Democrats drew for Rep. Jerrold Nadler (D)👇 pic.twitter.com/ZBJsGAXW1n
— RRH Elections (@RRHElections) January 31, 2022
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The lines weren't just ridiculous, they were also found to be in violation of the state constitution. An Independent Redistricting Commission (IRC) failed to re-draw new maps, and so what followed were court-drawn maps.
Democrats were thrown into a panic. Former Rep. Sean Patrick Maloney, who chaired the Democratic Congressional Campaign Committee (DCCC) for 2022, went on to lose to now Rep. Mike Lawler, becoming the first DCCC chairman to lose the general election since 1980.
In the chaos of navigating these redrawn maps, Maloney had jumped at the chance to run in the 17th Congressional District, forcing now former Rep. Mondaire Jones to run in another redrawn district, with Jones going on to lose his primary to now Rep. Dan Goldman. That Maloney jumped at the move to run in a district many felt Jones should have run in led to cries of racism, as Jones is black.
Former Rep. Carolyn Maloney also lost her primary after she and Rep. Jerry Nadler were pitted against each other in an incumbent-on-incumbent primary. Nadler beat her by more than 30 points in last August's primary.
Democrats are now not surprisingly arguing that the court-ordered maps were only meant to be used as a one-time thing, but can they be trusted for 2024?
Three of the five judges who heard the case seem to think so, with POLITICO highlighting an excerpt from the ruling. "The right to participate in the democratic process is the most essential right in our system of governance," the judges wrote. "The procedures governing the redistricting process, all too easily abused by those who would seek to minimize the voters’ voice and entrench themselves in the seats of power, must be guarded as jealously as the right to vote itself; in granting this petition, we return the matter to its constitutional design."
It's definitely worth keeping an eye out on this next court's ruling, especially when 2024 could be when Democrats retake control of the House, as they are hellbent on doing.
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