By Dan Murphy
The NYS Court of Appeals issued a decision on Dec. 12 that ordered the New York Independent Redistricting Commission, IRC, to create a new set of Congressional lines. The 4-3 decision means that the current congressional lines in New York state will NOT be used in the important congressional contests in The Empire State next year.
The court found that the 2014 amendment to the NYS Constitution, passed by the voters, commands that the IRC, and not the courts, to redraw congressional maps. The current 2022 congressional lines were drawn by a court appointed master. Those lines benefitted republican candidates in New York state and were the reason that the Republicans were able to retake the House of Representatives.
Here are parts of the decision, written by Chief Judge Rowan Wilson. “A simple and straightforward proposition disposes of most of the issues the parties have raised. The plain text of the 2014 amendments to the Constitution places express limitations on court-drawn maps
“Indisputably, the Constitution requires the IRC to deliver a second set of maps and implementing legislation to the legislature. ..The legislature may adopt those maps, or it may modify them as provided for in the Constitution (and as further constrained by the accompanying legislation). Either way, maps drawn pursuant to our decision will not be maps “ordered” by a court— rather, they will, one way or another, be adopted by the IRC and legislature.
“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.
“Reduced to its essence, the dissent’s and appellants’ arguments are that we should not pursue the IRC process because it will never work: ordering the IRC to deliver the required maps and implementing legislation will produce gamesmanship…Compelling the IRC to commence its constitutional duty will not re-open the door to future mid-decade challenges. Instead, once the IRC has submitted a second set of
lawful redistricting maps adopted by the legislature, those maps would remain in place through the end of the decade. That, in turn, would send a clear directive to the IRC in subsequent decades that it must comply with the Constitution.
“Consistent with our opinion and the Appellate Division’s direction, the IRC should comply with its constitutional mandate by submitting to the legislature, on the earliest possible date, but in no event later than February 28, 2024, a second congressional redistricting plan and implementing legislation.” end of decision.
Now the matter of Congressional district lines returns to the Independent Redistricting Commission, IRC, chaired by Ken Jenkins, Westchester Deputy County Executive. After the decision, Jenkins stated, “We are pleased with the Court of Appeals’ decision and look forward to getting back to work with our colleagues as soon as possible to ensure that New York’s voters receive the benefit of the historic redistricting reforms they voted for in 2014.”
The result of the decision will be a bit of confusion if the congressional maps are significantly changed. In Westchester, the two congressional districts, currently occupied by Congressman Jamaal Bowman, a democrat, and Congressman Mike Lawler, a republican, could change in time for the June primaries.
IRC Chair Jenkins has his work cut out for him, to try and reach consensus with the republican members of the commission and find an agreed upon redistricting plan. Before Jenkins, the IRC was unable to come to that agreement, and the resulting chaos ensued.
If Jenkins and the IRC can not come to an agreement, it will be the democratic majorities in the State Senate and Assemby who will draw the final congressional lines. Simply put, this decision is a victory for New York Democrats, and a setback for the NY GOP.
Opponents of the court’s decision are threatening a lawsuit…and the saga continues.
