Imperial Valley Press

Pennsylvan­ia court throws out congressio­nal boundaries

- BY MARC LEVY A7

2012. The map, they say, gave Republican­s crucial help in securing 13 of 18 seats in a state where registered Democratic voters outnumber Republican­s 5 to 4.

“We won the whole thing,” said David Gersch of the Arnold & Porter Kaye Scholer law firm in Washington, D.C., which is helping represent the group of registered Democrats who filed the lawsuit last June.

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, precedent and respect for the constituti­on and would introduce chaos into the state’s congressio­nal races, they said.

The Senate’s top Republican lawyer, Drew Crompton, called the timeline to draw new districts “borderline unworkable,” but said Republican­s will do everything they can to comply.

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 six-paragraph 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. That rationale could follow in the coming days.

The court’s five Democrats all agreed that the state’s congressio­nal map is unconstitu­tional. Four of the five Democratic justices backed the decision to throw out the map immediatel­y, while one Democrat, Justice Max Baer, warned that chaos would ensue and argued it would be better to put a new map in place in 2020.

The two Republican justices dissented.

The March 13 special election in a vacant southweste­rn Pennsylvan­ia seat is unaffected by the order, the justices said.

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 there two weeks to redraw the state’s congressio­nal districts.

The nation’s high court has never struck down an electoral map as a partisan gerrymande­r. However, Monday’s decision in Pennsylvan­ia could provide a new avenue to gerrymande­ring claims.

 ??  ?? In this Dec. 15, 2016 file photo, U.S. Rep. Lou Barletta, R-Pa., (left) U.S. Rep. Tom Marino, R-Pa. (center left) and U.S. Rep. Scott Perry, R-Pa. (right) watch as President-elect Donald Trump (center right) departs a rally in Hershey, Pa. The Democratic-controlled Pennsylvan­ia Supreme Court struck down the state’s congressio­nal map in a 4-3 decision on Monday, granting a major victory to Democrats who charged that the 18 districts were unconstitu­tionally gerrymande­red to benefit Republican­s. AP PHOTO/MATT ROURKE
In this Dec. 15, 2016 file photo, U.S. Rep. Lou Barletta, R-Pa., (left) U.S. Rep. Tom Marino, R-Pa. (center left) and U.S. Rep. Scott Perry, R-Pa. (right) watch as President-elect Donald Trump (center right) departs a rally in Hershey, Pa. The Democratic-controlled Pennsylvan­ia Supreme Court struck down the state’s congressio­nal map in a 4-3 decision on Monday, granting a major victory to Democrats who charged that the 18 districts were unconstitu­tionally gerrymande­red to benefit Republican­s. AP PHOTO/MATT ROURKE

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