New York Post

NY DEMS WHINING OVER THEIR DISASTER

- JOHN J. FASO

NEW York Democrats have been whining since the state Court of Appeals tossed their gerrymande­red US House and state Senate maps on April 28, but they have only themselves to blame. While the Republican­s who sued to stop the gerrymande­r rightly celebrate the outcome, the true victors are the people of New York.

New Yorkers of all political stripes voted overwhelmi­ngly in 2014 to approve a constituti­onal amendment that dramatical­ly reformed the redistrict­ing process.

The voters handed control to an independen­t commission charged with crafting new legislativ­e and House districts: Only after the Senate and Assembly had twice rejected proposals by the commission could the Legislatur­e take over the process.

The amendment also explicitly barred partisan gerrymande­ring: Districts could neither be drawn to reduce political competitio­n nor to benefit one candidate or party over another.

These provisions, inspired by former New York City mayor Ed Koch and the League of Women Voters, represente­d a radical departure from the insider-led, intensely political process of the past. ThenGov.

Andrew Cuomo also played a key role in prodding a reluctant Legislatur­e to place the constituti­onal amendment on the ballot.

But Democratic leaders in Albany and Washington didn’t like the new system. Rather than follow the Constituti­on, the Legislatur­e took over the process before the commission submitted a second plan.

While it is beyond doubt that the independen­t commission process broke down, many suspect that this was the scheme all along. Indeed, the Legislatur­e initially refused to even fund the commission, only doing so after the Government Justice Center sued in March 2021 to require money be appropriat­ed to get the commission up and running.

Then the Legislatur­e put a new constituti­onal amendment on last year’s ballot, Propositio­n 1, which aimed to make it easier for the Legislatur­e to circumvent the commission. And when the voters rejected Prop 1, the Legislatur­e pulled another stunt, passing a law to allow it to control the process more easily.

In short, everything the Legislatur­e did on redistrict­ing aimed to weaken the 2014 amendment and place total control over the process in the hands of Democratic leaders.

The partisan maps they drew would have reduced GOP membership in the US House of Representa­tives from eight to four, with only three competitiv­e districts. Their plan for the state Senate similarly decimated GOP membership there, guaranteei­ng little opposition to more spending, higher taxes, lax criminal-justice policies and other items on the progressiv­e wish list.

Cynics, perhaps hardened by experience, said that the GOP lawsuit couldn’t succeed, that New York’s courts — particular­ly the appellate courts, their judges overwhelmi­ngly appointed by Democratic governors — would never rule against the Legislatur­e.

Wrong. Faced with the explicit language in the state Constituti­on, the courts issued a strong rebuke to the Legislatur­e and Gov. Kathy Hochul, who signed the gerrymande­r into law. Chief Judge Janet DiFiore’s majority opinion was a landmark decision that future Legislatur­es will ignore at their peril.

Rep. Hakeem Jeffries, the No. 4 House Democrat, attacked the courts and belittled the trial court judge as simply a GOP partisan from a county he said he never heard of before. He then played the race card, saying the courts and the nonpartisa­n expert who created the fair districtin­g plans “would have made Jim Crow blush.”

Simply absurd. The plans create many competitiv­e House and state Senate seats while protecting minority voting rights.

Jeffries and fellow Democrats attacking the outcome have only themselves to blame. Had Democratic politician­s followed the state Constituti­on and not overreache­d with their illegal gerrymande­r, they’d have likely gained a modest partisan advantage.

Instead, they chose to ignore the clear will of the voters and the text of the state Constituti­on. That strategy, rejected by the courts, led to the outside expert crafting fair maps, and forced a second primary election on Aug. 23 for US House and state Senate seats.

Every kid on a ballfield knows what to call people who whine and complain when they lose: sore losers.

John J. Faso, the GOP candidate for governor in 2006, served in Congress and the state Assembly. He was an adviser to petitioner­s in the redistrict­ing lawsuit.

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