Pennsylvania must redraw its map
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. On matters of state law, the judgments of state supreme courts are typically final.
The order, which gave no reasons, came from Justice Samuel Alito, who acted without referring the case to the full court. Alito handles emergency appeals from Pennsylvania.
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.
The decision comes just four days before the Republican-controlled Legislature’s deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.
Senate Republican leader Jake Corman said Monday he’s had “zero” discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.
The state Supreme Court said the new map is expected to be in play for the May 15 congressional primaries.
Senate President Pro Tempore Joe Scarnati and House Speaker Mike Turzai said in a statement they will do their best to negotiate a new map “but may be compelled to pursue further legal action in federal court.”
Wolf’s statement after the decision called gerrymandering wrong and said a replacement map should correct errors of the past.
Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide offices, but Republicans enjoy solid majorities in both chambers of the Legislature.
A redrawn Pennsylvania congressional district map could affect control of the U.S. House, and at last count, more than 60 people in the state have said they plan to run for Congress.