Power to the voters
Never mind the caterwauling from the pols. It’s a refreshing reaffirmation of our often ossified and even fossilized democracy to watch candidates scoping out congressional and state Senate constituencies across New York State, dipping toes or whole bodies in the water of the new, eminently fair district maps prepared by court Special Master Jonathan Cervas. The jockeying reminds us of what we typically lack: competition. That’s because districts are usually drawn to create safe seats for one party, and primary decks are stacked against challengers.
Cervas followed the orders of Acting Steuben County state Supreme Court Justice Patrick McAllister, supported by Court of Appeals Chief Judge Janet DiFiore’s ringing 5-to-2 decision that Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins and Gov. Hochul had violated the state Constitution. Its simple and direct language says: “Districts shall not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.”
The lines are clean and straight, the shapes compact and contiguous. No heed was paid to incumbents’ homes.
Both McAllister and the Court of Appeals also found that the Assembly lines are invalid, but didn’t strike them as they lacked a protesting plaintiff. Three plaintiffs filed their case filed Sunday in Manhattan, hoping to avoid the politicization that can infect courts in some other counties.
No judge was assigned Sunday. No judge was assigned Monday. No judge was assigned Tuesday until this column made inquires that afternoon, whence a judge was rapidly assigned. Then Franc Perry quickly begged off, recusing himself because “one of the parties is a personal family friend.” So the hot potato went to Lyle Frank, who duly set a Thursday afternoon hearing before quitting the case because he realized that he is a candidate for Manhattan Supreme Court. So it went to Larry Love, but Wednesday afternoon the clerk canceled the Thursday hearing.
Delay is what Heastie wants. It is his only defense: “Sorry, too late. Come back in 10 years.” DiFiore, through Chief Administrative Judge Larry Marks, must fast track this case and bust the incumbent protection racket.