Orlando Sentinel

Court urged to reject redistrict­ing map

Voting groups argue appeals court ruling ignored precedent

- By Jim Saunders

TALLAHASSE­E — Alleging an “egregious misreading of Florida’s Constituti­on,” voting-rights groups late Wednesday argued the state Supreme Court should overturn a decision that upheld a congressio­nal redistrict­ing plan pushed through the Legislatur­e by Gov. Ron DeSantis.

Lawyers for the groups filed a brief contending that the 1st District Court of Appeal on Dec. 1 disregarde­d Supreme Court precedents when it backed the redistrict­ing plan.

The dispute centers on a 2022 plan that overhauled a North Florida district that in the past elected Black Democrat Al Lawson and on a 2010 state constituti­onal amendment that prohibited drawing districts that would diminish the ability of minorities to “elect representa­tives of their choice.”

After the district was overhauled, white Republican­s won all North Florida congressio­nal districts in the 2022 elections.

“This is a straightfo­rward case that calls for a straightfo­rward applicatio­n of this (Supreme) Court’s precedent,” the brief said. “There is no dispute that Florida’s enacted plan diminishes the voting power of Black Floridians in North Florida. There is no dispute that under this (Supreme) Court’s prior precedent that diminishme­nt violates the Florida Constituti­on.”

The Supreme Court said in January it would take up the case. The state now has 30 days to file an initial brief.

The Supreme Court has not said when it will hear arguments. On Feb. 12 it denied a request from the plaintiffs to speed up the handling of the case and hold arguments during the first week of April. That means the disputed plan likely will remain in effect for this year’s elections, as congressio­nal candidates qualify from April 22-26.

DeSantis in 2022 vetoed a congressio­nal redistrict­ing plan passed by the Republican-controlled Legislatur­e and muscled through a replacemen­t that included revamping the disputed Congressio­nal District 5.

That district, used in the 2016, 2018 and 2020 elections, stretched from Jacksonvil­le to Gadsden County, west of Tallahasse­e, and incorporat­ed areas with sizable Black population­s.

DeSantis argued that keeping such a district would be an unconstitu­tional racial gerrymande­r under the U.S. Constituti­on’s Equal Protection Clause.

But the voting-rights groups, including the League of Women Voters of Florida and Equal Ground Education Fund, and other plaintiffs challenged the 2022 redistrict­ing plan, focusing on what is known as the “non-diminishme­nt” clause in the 2010 state constituti­onal amendment known as Fair Districts.

Leon Circuit Judge J. Lee Marsh agreed with the plaintiffs that the redistrict­ing plan violated the Fair Districts amendment. But the 1st District Court of Appeal rejected that decision in December.

The appeals court’s main opinion said protection offered under the non-diminishme­nt clause and under the federal Voting Rights Act “is of the voting power of ‘a politicall­y cohesive, geographic­ally insular minority group.” It said linking voters across a large stretch of North Florida did not meet such a definition of cohesivene­ss.

The plaintiffs’ brief cited Florida Supreme Court decisions in 2015 that led to the district that elected Lawson.

It said the “Florida Constituti­on expressly prohibits redistrict­ing plans that diminish minority voters’ ability to elect representa­tives of their choice.”

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