Earlier this month, the Supreme Court ruled in favor of Democrats, striking down the updated congressional map in Alabama, citing illegal racial gerrymandering. Democrats seek to use this precedent in other states, particularly those that helped the GOP win control of the lower chamber.
New York is one of the states where Democrats are employing this strategy. Republicans flipped several critical districts in 2022 due to the newly redrawn map approved by the conservative majority on the state Supreme Court last year. However, with the resignation of the court’s chief judge, Janet DiFiore, Democrats are pushing for a redo.
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DiFiore was replaced by a liberal judge last week, allowing Democrats to litigate the map that helped the GOP snag 11 of the state’s 26 seats. That challenge is currently making its way through the state court, which could result in a new redistricting process by the end of the summer.
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Democrats have argued that the current congressional map violates the state constitution, which mandates District lines be drawn by the state’s Independent Redistricting Commission. If state legislators reject the panel’s first two proposals, they can draw their own. However, after the first version was rejected last year, the commission declined to remove a second iteration of its map, handing state Democrats a chance to create their own. DiFiore left that map as an illegal gerrymander as it would’ve given Democrats a chance to win at least 22 of the state’s House seats.
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DiFiore then appointed a special master to redraw the currently used lines. However, if the court agrees with the Democrats’ arguments, it could restart the process, boosting the party’s chances of regaining crucial House seats in 2024.
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Democrats could also expand those efforts to other states, including Wisconsin, where liberal judges are set to seize the majority on the state Supreme Court in August. However, Republicans hold six of the state’s eight House seats, and it’s unlikely Democrats can alter the lines enough to make a significant difference.
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Republicans are already pushing back against those efforts, arguing that such a move is a desperate attempt to win back the House. “It’s absolutely corrupt and pathetic,” said Rep. Nicole Malliotakis (R-NY). “They may have changed the makeup of the court in order to affect an outcome. I hope that’s not the case.”