Assembly is required
Presented with a lawsuit challenging new district lines approved by the Legislature’s Democratic supermajority and signed by Gov. Hochul, Acting Steuben County state Supreme Court Justice Patrick McAllister closely read the state Constitution, which apparently no one in Albany had. He ruled, correctly, that the congressional map was so terribly gerrymandered in favor of Democrats that it was invalid. He also ruled, correctly, that the whole process had violated the Constitution and therefore all the maps were void, so down went the state Senate and Assembly maps as well.
The state’s highest court upheld McAllister on both findings, though in a footnote, remarked that since no one had filed suit against the Assembly maps, it could not toss them. But the high court pointedly noted that “any citizen” could file suit. Today, McAllister hears the pleas of several such citizens. He should stick with his original ruling, reinforced by the Courts of Appeals, and find that the Assembly lines are rotten.
McAllister is already overseeing new maps for
Congress and Senate. To allow time for the drawing, he moved those primaries from June 28 to Aug. 23. He must add the Assembly to the same mix. Otherwise, unconstitutional Assembly maps will remain for a decade, an anathema in a society ruled by law.
Tellingly, Republicans and Democrats are united to preserve the maps, with Democratic Speaker Carl Heastie presenting the affidavits of 15 GOP assemblymen, including Minority Leader Will Barclay, saying to leave well enough alone. Clearly, the GOP is satisfied with their tame minority status and doesn’t want to upset Heastie, who controls their staffing, their member items and their cars. Our late colleague Sid Zion would’ve called it the two parties against the people.
Want more proof? The GOP partisans who sued in the first place, winning a great victory, are also asking McAllister to leave the Assembly alone, as is the state Board of Elections, jointly controlled by the two parties. Sorry, pols. The people passed a constitutional amendment. It was violated. The maps must go.