By Michael V. Cusenza
The State Court of Appeals on Tuesday decided to order new Congressional maps be drawn for the 2024 election.
New York’s highest court voted 4-3 to approve redistricting. Predictably, reaction ran sharply along party lines.
“Today’s redistricting decision will ensure all New Yorkers are fairly and equitably represented by elected officials. As the Court of Appeals reaffirmed today, district lines should be drawn by the Independent Redistricting Commission,” Gov. Kathy Hochul and State Attorney General Tish James wrote in a joint statement.
In April, James and Hochul submitted an amicus brief in support of efforts to redraw New York’s Congressional district lines rather than leaving the lines drawn by a court-appointed special master in place between now and the 2030 census. In their amicus brief, James and Hochul noted that the state constitution is clear that the State Legislature must have the opportunity to remedy electoral maps found to be invalid by a court. They also noted that since the problem that led the Court of Appeals to approve the involvement of a special master — the short time to impose new electoral maps, with only months to go before the 2022 primary elections — no longer exists, the electoral maps drawn by the special master should not be used for the remainder of the decade.
The decision by the Court of Appeals means that new Congressional maps will be drawn and submitted to the legislature for review.
“New York’s redistricting process truly deserves an award for joke of the century. What we are witnessing is one of the most dastardly scams by New York and Washington Democrats; possibly even the greatest one of all time,” NY State Young Republicans Chairman Peter Giunta said in a statement. “After handpicking their preferred Appeals chief judge to ensure this pre-determined outcome, these corrupt Democrats are now likely to force through the same gerrymandered garbage that was just thrown out by the courts last year. Despite the cheating and dirty tricks of these Democrats, Young Republicans remain committed to defending and growing the Republican House Majority and fighting against the disastrous policies of Joe Biden and Kathy Hochul.”
NY Court of Appeals Chief Judge Rowan Wilson wrote in the court’s concurring opinion, “Although the constitutional language is clear, the background against which the constitutional provisions were implemented further supports the conclusion that the Constitution limits court-drawn maps to the minimum time and scope required to cure a violation of law. For more than half a century before the 2014 constitutional amendments, every New York legislative redistricting was subject to court intervention, including the imposition of a judicially created congressional plan in 2012. The People adopted the 2014 amendments creating the IRC against that background and did so because of the frustration over both the legislature’s inability to draw lawful districts and the continual requests for districts to be created by the courts. In light of that history, it does not make sense to read the constitutional amendments to require a court to create decade-long electoral districts if the IRC or legislature fails to carry out its constitutional duties. Court-drawn judicial districts are generally disfavored because redistricting is predominantly legislative.”
