New York May See Another Round Of Congressional Redistricting
Written by on July 27, 2023
New York voters may recall that our state went through a lengthy and chaotic redistricting drama during 2021 and 2022. Unfortunately, it appears that we may be headed for another.
Last year, after the constitutionally-prescribed redistricting process broke down, Democratic legislators in Albany drew their own district maps. Republicans alleged that these maps were gerrymandered to benefit Democratic candidates, and a lawsuit was filed. That lawsuit, Harkenrider v. Hochul, culminated in a New York Court of Appeals ruling that the congressional and State Senate maps drawn by Albany Democrats violated the New York State Constitution. Following that ruling, a lower court created new congressional and State Senate redistricting maps with the help of an independent expert.
To put it mildly, New York Democrats were highly displeased with the court’s decision. On Election Day 2022, Republicans picked up four New York seats in the U.S. House of Representatives. These victories in New York were instrumental in creating the Republican Party’s narrow House majority. If the Democrats’ unconstitutional maps had been allowed to stand, it is entirely possible that the House of Representatives would still be under Democratic control today.
Now, New York Democrats are seeking a second bite at the apple. The Democratic Party filed a lawsuit, Hoffman v. Independent Redistricting Commission, alleging that the congressional district maps drawn last year at the Court of Appeals’ direction were only intended to be in place during the 2022 election cycle. Accordingly, the Democrats contend that the redistricting process should start all over again, with new congressional maps to be implemented before the 2024 elections. A trial court in Albany County rejected the Democrats’ claims, and the decision was appealed.
On July 13, 2023, the Appellate Division, Third Department ruled in favor of the Democrats and directed the Independent Redistricting Commission to create new maps. Republicans have appealed the decision to the New York Court of Appeals. Due to the departure of former Chief Judge Janet DiFiore and the confirmation of Judge Caitlin Halligan, it is possible that the Court may be more sympathetic to the Democrats’ arguments than it was last year. Time will tell.
It is no exaggeration to state that the Court’s decision may play a major role in the partisan battle for control of the House of Representatives next year. In making its decision, however, the Court should ignore political pressures and concerns and simply seek to render a just decision based on the constitution and laws of the state of New York.
