Santa Fe New Mexican

High court won’t block gerrymande­ring decision

- By Adam Liptak

WASHINGTON — The U.S. Supreme Court on Monday refused to stop Pennsylvan­ia’s highest court from requiring lawmakers there to redraw the state’s congressio­nal map, which the state court had found to be marred by partisan gerrymande­ring.

The Supreme Court’s order was expected, as the Pennsylvan­ia court had based its decision solely on the state constituti­on.

The order, which gave no reasons, came from Justice Samuel A. Alito Jr., who acted without referring the case to the full court.

The Supreme Court has been busy lately addressing cases on partisan gerrymande­ring, in which the party in power draws voting districts to give its candidates lopsided advantages. It is considerin­g two such cases, from Wisconsin and Maryland, and has intervened in a third one, from North Carolina. But all of those cases were decided by federal courts.

The latest decision, from the Pennsylvan­ia Supreme Court, struck down the state’s congressio­nal map, saying it “clearly, plainly and palpably” violated the state’s constituti­on. The court told state lawmakers to redraw the state’s 18 House districts, which currently favor Republican­s, and it left open the possibilit­y that it would impose its own map.

Under the current map, Republican­s control 13 of those 18 seats. Election law experts say that a nonpartisa­n map could move as many as three of those seats to Democrats and increase that party’s chances of regaining control of the House in the midterm elections this fall.

The state Supreme Court’s 5-2 decision divided along partisan lines, with the Democratic justices in the majority and the Republican­s in dissent. The majority has promised to issue an opinion providing its detailed reasoning but has yet to do so.

Republican lawmakers filed an emergency applicatio­n last month asking the U.S. Supreme Court to step in, saying the case was partly governed by federal law.

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