Speaker Nancy Pelosi suffered a huge loss in the New York Supreme Court today that will make it nearly impossible for her to keep her job after the midterms. New York Dems gerrymandered the state something awful in a desperate ploy to try to keep control of the House.
They were sued and today the New York Supreme Court sided with the GOP ruling the Dems maps unconstitutional. This is not an isolated ruling as it effectively erases any gains the Dems thought they made in the national redistricting game.
Dave Wasserman, U.S. House editor of the Cook Political Report, said: “NY’s top court throws out Dems’ congressional map and delays June 28 primary, depriving them of their most critical gerrymander of the 2022 cycle.
“In a 4-3 ruling, NY’s top court has turned Dems’ 2022 House outlook from terrible to potentially horrific. A court-appointed special master will draw a remedial map, perhaps costing Dems three NY seats they otherwise would have gained & making Rs clear redistricting winners.”
The ruling said:
“Here, at the conclusion of the non-jury trial, Supreme Court — based on the partisan process, the map enacted by the legislature itself, and the expert testimony proffered by petitioners — found by “clear evidence and beyond a reasonable doubt that the congressional map was unconstitutionally drawn with political bias” to “significantly reduce” the number of competitive districts.”
“The Appellate Division affirmed, similarly drawing an inference of invidious partisan purpose based on “evidence of the largely one-party process used to enact the 2022 congressional map, a comparison of the 2022 congressional map to the 2012 congressional map, and the expert opinion and supporting analysis of Sean P. Trende,” finding that “the 2022 congressional map was drawn to discourage competition and favor democrats”
“We reject respondents’ assertion that the evidence was legally insufficient to establish an unconstitutional partisan purpose.
“Viewing the evidence in the light most favorable to petitioners and drawing every inference in their favor, there is a “valid line of reasoning and permissible inferences” which could possibly lead [a] rational [factfinder] to the conclusion reached by the [factfinder] on the basis of the evidence presented at trial.
“Moreover, where, as here, this Court is presented with affirmed findings of fact in a civil case, our review is limited to whether there is record support for those findings.
“There is record support in the undisputed facts and evidence presented by petitioners for the affirmed finding that the 2022 congressional map was drawn to discourage competition. Indeed, several of the State respondents’ experts, who urged the court to draw the contrary inference, concededly did not take into account the reduction in competitive districts. Thus, we find no basis to disturb the determination of the courts below.”
“Based on the foregoing, the enactment of the congressional and senate maps by the legislature was procedurally unconstitutional, and the congressional map is also substantively unconstitutional as drawn with impermissible partisan purpose, leaving the state without constitutional district lines for use in the 2022 primary and general elections.
“The parties dispute the proper remedy for these constitutional violations, with the State respondents arguing no remedy should be ordered for the 2022 election cycle because the election process for this year is already underway. In other words, the State respondents urge that the 2022 congressional and senate elections be conducted using the unconstitutional maps, deferring any remedy for a future election.
“We reject this invitation to subject the People of this state to an election conducted pursuant to an unconstitutional reapportionment,” the court said.
In a 4-3 ruling, NY's top court has turned Dems' 2022 House outlook from terrible to potentially horrific. A court-appointed special master will draw a remedial map, perhaps costing Dems three NY seats they otherwise would have gained & making Rs clear redistricting winners.— Dave Wasserman (@Redistrict) April 27, 2022