Las Vegas Review-Journal

ACROSS THE NATION, IMPEACHMEN­T THREATS SPIKING

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overreach that has become a staple of national politics.

“This is Trumpism at the lower level,” said Bernard Grofman, an elections expert at the University of California, Irvine, who redrew Virginia’s congressio­nal map in 2015 after a federal court finding that districts had been racially gerrymande­red. “This is the view that if independen­t branches of government say things that don’t match what you say or do, you fire them; you impeach them; you malign them; you destroy them as best you can.”

The latest example is in Pennsylvan­ia, where the state Supreme Court split along party lines last month when it struck down the congressio­nal district map as a Republican-drawn gerrymande­r. The court gave the Republican-dominated legislatur­e three weeks to draw a new House map, adding that it would take over the map-drawing if the lawmakers could not reach agreement on new boundaries with the state’s Democratic governor.

Even after the U.S. Supreme Court rejected the legislatur­e’s plea to intervene, Republican­s have refused to completely accept the state court’s decision. The president of the state Senate, Joe Scarnati, first raised eyebrows by stating that he would not comply with the court’s order to turn over any data used in drawing the House maps. Later, he said he might file ethics complaints against two Democratic justices who expressed opinions on gerrymande­ring before the January decision, seeking to disqualify them from the ruling.

Last week, hours before the court-appointed deadline, Republican legislator­s sent a proposed new House map to Gov. Tom Wolf, a Democrat.

But analysts say the proposed map, which was prepared without input from the legislatur­e’s Democrats, effectivel­y preserves the existing Republican dominance in the House, albeit with boundaries that do not “wander

“This is the view that if independen­t branches of government say things that don’t match what you say or do, you fire them; you impeach them; you malign them; you destroy them as best you can.”

an elections expert at the University of California, Irvine seemingly arbitraril­y across Pennsylvan­ia,” as the court said of the map it struck down.

On Tuesday, Wolf rejected the map, and the job of redistrict­ing will fall to Nathaniel Persily, a professor of law at Stanford University who is the court-appointed special master. But in an interview last week, Scarnati called a court takeover of the mapping process “grossly unconstitu­tional” and pledged to challenge it in federal court.

In the state House, Cris Dush, a Republican, is circulatin­g a proposal to impeach the Democratic justices who were the 5-2 majority in the decision. In an interview, Dush said he did not dispute their authority to strike down the Republican map but complained that their order to draw new boundaries tramples on legislativ­e powers.

Dush said his proposal had support in the House but that he likely would not press it unless the court takes over the mapping responsibi­lity from the legislatur­e. “It’s judicial activism,” he said. “They’re not staying within the rule of the law. It happens far too often to us, and it’s time for the state legislatur­e to rise up and call them accountabl­e.”

Scarnati, the state Senate president, said he had not ruled out impeachmen­t but that Republican­s should first pursue “other avenues” such as ethics complaints and a lawsuit.

The impeachmen­t threat has drawn sharp criticism from some quarters. “Calling for impeachmen­t — especially five of seven justices, especially when all five are Democrats — can’t help but look partisan,” said Douglas Keith, a senior counsel at the Democracy Program of the Brennan Center for Justice at the New York University School of Law. “We use impeachmen­t to remove judges for serious criminal or ethical wrongdoing. This is a direct affront to the judicial branch’s power, not reasoned disagreeme­nt.”

That said, impeachmen­t — or at least, impeachmen­t threats and attempts — have become a common tool to pressure courts in recent years, said Raftery of the National Center for State Courts.

During the 2011 to 2012 legislativ­e session, he said, lawmakers filed 14 bills in seven states seeking to remove judges, including an effort by Republican­s in the state House to remove the entire New Hampshire Superior Court over its handling of custody and domestic relations cases.

But legislativ­e attempts to rein in state judges include a panoply of tactics, from scalpel to cudgel. The North Carolina legislatur­e’s ongoing campaign to remake state courts in more conservati­ve and political lights is perhaps best known. The Brennan Center this week released a list of court-related proposals pending before legislatur­es in 14 states.

 ?? MATT ROURKE / AP ?? Pennsylvan­ia Senate President Pro Tempore Joe Scarnati, a Republican, called a state Supreme Court takeover of the district mapping process “grossly unconstitu­tional” and pledged to challenge it in federal court.
MATT ROURKE / AP Pennsylvan­ia Senate President Pro Tempore Joe Scarnati, a Republican, called a state Supreme Court takeover of the district mapping process “grossly unconstitu­tional” and pledged to challenge it in federal court.

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