Pennsylvania Congressional Map Battle Lands In Supreme Court

[DonViejo]

Source: Associated Press




By MARK SCOLFORO | February 22, 2018 6:47 am

HARRISBURG, Pa. (AP) — A request by Republican leaders in the Pennsylvania Legislature to stop a new congressional map from being implemented is now in the hands of the nation’s highest court.

The filing made late Wednesday asked Justice Samuel Alito to intervene, saying the state Supreme Court overstepped its authority in imposing a new map.

More litigation may follow, as Republicans are considering a separate legal challenge in federal court in Harrisburg this week.

The state Supreme Court last month threw out a Republican-crafted map that was considered among the nation’s most gerrymandered, saying the 2011 plan violated the state constitution’s guarantee of free and equal elections.

Read more: https://talkingpointsmemo.com/news/pennsylvania-congressional-map-scotus

[blue neen]

1. Republicans can only win by cheating.

The new map is fair, and they just can't abide that.

[global1]

2. Will This Be Taken Up Before Nov?....nt

[Hugin]

4. I think it's the legal stall tactic.

Delay Delay Delay.

TX has been doing it for years.

[PoliticAverse]

5. The Court will either put a hold on the map now or not.

If not the map takes effect now. Regardless a final decision wouldn't happen before November
if the court takes up the case.

[bluestarone]

3. i look for the SC to try to confuse things if they can! That's

what there all about anymore!! (i hope not though)

[Scoopster]

6. Alito rejected a claim from them on Feb 5.

The court gave the legislature plenty of time to come up with a viable map. They instead chose to throw a tantrum & refuse to lift a finger, then they present yet another map with an even harder gerrymander in their favor.

They had their chance to do what the court told them was necessary. They BLEW IT, and as a result the court did the job for them. Now they want to cry foul? FUCK THAT.

[FakeNoose]

17. Yes they never cooperated when they had their chance

I say screw 'em. It's gonna happen without them now.
Stand back boys, or you'll get run over.

[Fullduplexxx]

7. Why is s otus gwtting involved in a state squabble

[elleng]

9. Likely NOT doing so, imo,

as largely (I understand) based on the STATE constitution.

[Fullduplexxx]

11. That was my understanding as well .. but like citizen's united

They interjected themselves into the larger picture abandoning the

[Jim Lane]

14. The Justices are not interjecting themselves here.

If someone files a petition with the Court, the Court has to consider it. The Supreme Court can, and often has, reversed decisions of state supreme courts. It has jurisdiction of this particular request.

My guess is that the Court will deny the request. As others have noted in this thread, the Pennsylvania Supreme Court grounded its decision in the Pennsylvania Constitution. SCOP (I wonder if anyone ever actually calls it that) is the final authority on the meaning of the Pennsylvania Constitution. SCOTUS can reverse the decision if the state constitution, as authoritatively interpreted by SCOP, violates the U.S. Constitution or federal law, but I don't know of any basis for such a ruling here. The real issue is whether the GOP's gerrymander violates the state constitution, and on that question, SCOTUS will defer to SCOP.

[Fullduplexxx]

15. Thanks ..... nt

[malthaussen]

8. He already refused once.

Bless his black little heart. This appeal is on different grounds, let's see what he does with it.

I suspicion that the USSC wants to keep out of these battles as much as possible, but you never know what they're going to do next.

-- Mal

[Fullduplexxx]

10. How does the pa scopa overstep it's boundry ?

[DeminPennswoods]

13. It didn't

The Court ruled the congressional map isn't in conformance with the Commonwealth's constitution which specifically requires compact districts and not splitting counties, cities and municipalities and that all Pennsylvania citizens' votes count equally. The state Rs threw a hissy fit instead of getting down to work and passing a bill with a revised map that our Dem gov would sign.

Further, the new map is not a Dem gerrymander, but since it only splits 13 (of 67) counties, cities like Erie and Chester are now contained in a single district with their county. This makes previously "safe" GOP seats competitive. The state Rs don't like the idea that now they will have to campaign on ideas that attract enough voters to win.

Also, the US Supreme Court is considering 2 cases that deal with extreme partisan gerrymandering, one R map in Wisc and 1 D district in MD. Neither of these cases involve state law, but if there is a federal definition of what partisan gerrymandering is and when that is too extreme. The PA Supreme Court's ruling and order didn't say districts couldn't be partisan, just that they must conform to the configuration rules of our constitution.

[bitterross]

12. Alito will intervene. He'll throw it to the GOP.

He has no real scruples. Mr. You Lie/Not True will do what he needs to do to ensure the Republicans maintain power.

[durablend]

16. As expected, Republicans calling for impeachments

Right on cue...

http://www.pennlive.com/news/2018/02/republicans_redistricting_gerr.html