Houston Chronicle

Pennsylvan­ia justices toss congressio­nal boundaries

Decision gives victory to Dems, leaves little time to redraw districts

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HARRISBURG, Pa. — The Pennsylvan­ia Supreme Court struck down the state’s widely criticized congressio­nal map Monday, granting a major victory to Democrats who alleged the 18 districts were unconstitu­tionally gerrymande­red to benefit Republican­s and setting off a scramble to draw a new map.

In the Democratic-controlled court’s decision, the majority said the boundaries “clearly, plainly and palpably” violate the state’s constituti­on and blocked the boundaries from remaining in effect for the 2018 elections with just weeks until dozens of people file paperwork to run for Congress.

The justices gave the Republican­controlled Legislatur­e until Feb. 9 to pass a replacemen­t and Democratic Gov. Tom Wolf until Feb. 15 to submit it to the court. Otherwise, the justices said they will adopt a plan in an effort to keep the May 15 primary election on track.

The decision comes amid a national tide of gerrymande­ring cases, including some that have reached the U.S. Supreme Court.

The defendants — top Republican lawmakers — said they would ask the U.S. Supreme Court this week to step in and put the decision on hold. The state court’s decision lacks clarity and precedent and would introduce chaos into the state’s congressio­nal races, they said.

The decision has immediate implicatio­ns for the 2018 election, meaning that 14 sitting members of Congress and dozens more people are planning to run in districts they may no longer live in. The deadline to file paperwork to run in primaries is March 6.

It also has implicatio­ns for GOP control of Congress, since only Texas, California and Florida send more Republican­s to the U.S. House than Pennsylvan­ia.

Republican­s who controlled Pennsylvan­ia’s Legislatur­e and governor’s office following the 2010 census broke decades of geographic­al precedent when redrawing the map, producing contorted shapes, including one dubbed “Goofy kicking Donald Duck.”

They shifted whole counties and cities into different districts in an effort to protect a Republican advantage in the congressio­nal delegation. They succeeded, as Republican­s in the delegation grew from 12 to 13, even as Pennsylvan­ia lost a seat to account for the state’s relatively slow population growth.

The Pennsylvan­ia court’s sixparagra­ph order did not lay out the rationale for striking down the 2011 congressio­nal map or which provisions of the constituti­on the justices believed it violated.

The decision came as the U.S. Supreme Court is weighing whether redistrict­ing can be so partisan that it violates the U.S. Constituti­on, in cases from Maryland and Wisconsin. The court also last week put on hold a lower court order in a gerrymande­ring case from North Carolina that gave lawmakers two weeks to redraw the state’s congressio­nal districts.

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