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cal04

(41,505 posts)
Thu Jul 10, 2014, 07:34 PM Jul 2014

Judge invalidates Florida's congressional districts

Last edited Fri Jul 11, 2014, 03:10 PM - Edit history (2)

Source: Tampa Bay Times

In a ruling released late Thursday, Circuit Court Judge Terry Lewis ordered the redrawing of Florida's congressional map, contending that it violates the Fair District standards.

In his 41-page ruling, the judge rejected challenges to districts in South Florida and that Tampa Bay but said that District 5, held by Democratic U.S. Rep. Corrine Brown, and District 10, held by Republican U.S. Rep. Dan Webster, "will need to be redrawn, as will any other districts affected thereby."

The ruling is expected to be appealed by the Legislature, which said in a statement it is reviewing the ruling.

Read more: http://www.tampabay.com/news/politics/stateroundup/judge-invalidates-floridas-congressional-districts/2188031



Judge invalidates Florida's congressional districts, appeal is likely
http://miamiherald.typepad.com/nakedpolitics/2014/07/judge-invalidates-floridas-congressional-districts-appeal-is-likely-.html

In a ruling released late Thursday, Circuit Court Judge Terry Lewis blasted the Republican establishment that created Florida's congressional map, saying they "made a mockery" of transparency, allowed for "improper partisan intent" and ordered that two of the state's 27 districts drawn in 2012 violate the Fair District standards.

(snip)
Lewis blasted the role of the political consultants saying "they made a mockery of the Legislature's transparent and open process of redistricting" while "going to great lengths to conceal from the public their paln and their participation in it.

"They were successful in their efforts to influence the redistricting process and the congressional plan under review here,'' he wrote. "And they might have successfully concealed their scheme and their actions from the public had it not been for the Plaintiffs determined efforts to uncover it in this case."

He concluded, however, that the circumstantial evidence proved that the political operatives "managed to find other avenues...to infiltrate and influence the Legislature" to ensure their plan was realized.


CampaignLegal on Fla. ruling
http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2524:july-10-2014-floridas-2010-congressional-redistricting-ruled-unconstitutional-by-florida-circuit-court&catid=63:legal-center-press-releases&Itemid=61&utm_source=dlvr.it&utm_medium=twitter

(snip)
“In adopting the amendments to the Florida Constitution in 2010, Florida voters decided that voters should choose their elected representatives and that politicians shouldn’t choose their voters,” said J. Gerald Hebert, Executive Director of the Campaign Legal Center. “The Florida Legislature ignored the law and the will of Florida voters and let itself be hijacked by Republican political consultants and operatives. The decision today is a devastating indictment of those who manipulated the redistricting process secretly behind closed doors and tried to shield it from the public. Political consultants and legislators even destroyed evidence about the redistricting process, apparently in an effort to keep their conspiracy secret. Today’s victory was a direct result of the hard work and dedication of Fair Districts Now, and particularly its leader, Ellen Freidin, who made certain that Florida’s voters got a decision that safeguards their voting rights.”


Judge strikes down GOP-drawn Florida congressional lines
http://thehill.com/blogs/ballot-box/house-races/211930-judge-strikes-down-florida-congressional-lines

(snip)
The decision is certain to be appealed, and even many Democrats, who cheered the ruling, are doubtful that any redrawing could be implemented quickly enough for the 2014 elections. The state's filing period has already closed ahead of the August 26 primary elections. The judge has yet to order actions going forward to correct the map.

Following a nearly two week trial last month, the judge only found fault with those two districts. Still, his decision, and subsequent likely appeals, could have a major impact on the rest of the state's congressional lines.

"The impact can’t be understated, because it really forces almost all of the districts to be adjusted to be more competitive in Florida. Politically, we’re going to be seeing the ramifiactions for years to come," said one Florida Democratic strategist, who admitted the changed likely wouldn't be in place until 2016.



http://thinkprogress.org/justice/2014/07/11/3459082/florida-court-declares-one-of-the-worst-partisan-gerrymanders-in-the-country-unconstitutional/
Here is the relevant portion of Florida’s congressional map


(snip)
That purple, worm-like thing that starts near the northeast corner of the state and then twists almost all the way down to its midpoint, that’s District 5. District 10 is the one directly below District 5. Though more compact in shape than a purple worm, District 10 has what Judge Lewis describes as “an odd-shaped appendage which wraps under and around District 5, running between District 5 and 9.” As Lewis notes, Districts 5, 7, 9 and 10 are shaped the way they are in part because a Republican political consultant suggested that they be redrawn in a way that transformed them “from being four Democratic performing or leaning seats in early maps . . . to two Democratic and two Republican performing seats in the enacted map.” So Republicans likely picked up two congressional seats because of the odd design of these districts.

Indeed, Lewis discusses significant evidence that Republican lawmakers colluded with Republican operatives regarding the maps. Early in the process, Republican legislative leaders met with a group of GOP political operatives and a top Republican lawyer to discuss redistricting. The deputy chief of staff to Florida’s then-house speaker shared draft maps with a particular Republican consultant at least 24 times. In some cases, he provided this GOP consultant “with draft maps that were never released to the public.”

Yet, while Judge Lewis’s opinion reaches some damning conclusions about the current congressional maps, Thursday’s decision is far from a total victory for the plaintiffs in this case. Those plaintiffs challenged nine of Florida’s congressional districts, but Lewis only struck down two.

Nevertheless, his opinion is a significant victory over one of the most gerrymandered maps in the nation, and it also an important proof of concept. The United States Supreme Court, or, at least, its conservative members, have thus far refused to allow federal courts to consider partisan redistrict cases because they claim they are unable to identify a “manageable standard” that judges can use to decide these cases. Yet Judge Lewis was able to uncover and apply a standard he could use to judge Florida’s maps. His decision on Thursday casts a cloud of doubt over the conservative justices’ decisions regarding partisan gerrymandering.

Florida Redistricting 07-10-2014 Ruling
http://www.scribd.com/doc/233426853/Florida-Redistricting-07-10-2014-Ruling








34 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Judge invalidates Florida's congressional districts (Original Post) cal04 Jul 2014 OP
Yay!!!! nt Mojorabbit Jul 2014 #1
x 1,000 n/t Duval Jul 2014 #3
Excellent!!! RockaFowler Jul 2014 #2
Finally! madamvlb Jul 2014 #4
I am in the Corrine Brown District voteearlyvoteoften Jul 2014 #5
That's appalling! It's as dirty as politics can get. 150 miles. Someone(s) should be in prison. n/t Judi Lynn Jul 2014 #21
1 down.... Rod Beauvex Jul 2014 #6
Less than that SwankyXomb Jul 2014 #18
And in Iowa also. Sognefjord Jul 2014 #34
Wow, does this have any chance of not being sabotaged by the GOP? nt valerief Jul 2014 #7
"The ruling is expected to be appealed by the Legislature" Fla Dem Jul 2014 #28
Kicked and recommended. Uncle Joe Jul 2014 #8
K&R! hrmjustin Jul 2014 #9
I'd love secondvariety Jul 2014 #10
Great news! herding cats Jul 2014 #11
K&R! gademocrat7 Jul 2014 #12
Fantastic! littlemissmartypants Jul 2014 #13
Woo hoo mcar Jul 2014 #14
finally!!! underthematrix Jul 2014 #15
Good news! DirkGently Jul 2014 #16
K&R!! I hope this holds after the appeal! hue Jul 2014 #17
Great news. Unknown Beatle Jul 2014 #19
The drawing of district lines has no effect on a statewide race like Davis's. (n/t) Jim Lane Jul 2014 #24
There is hope for my State yet! William769 Jul 2014 #20
What an event! Thank you for the news. n/t Judi Lynn Jul 2014 #22
The courts acting like there are Fair District standards cprise Jul 2014 #23
Kicked and recommended! Sometimes something good happens. Enthusiast Jul 2014 #25
Map of District 5 Lochloosa Jul 2014 #26
Hopefully, this works. MynameisBlarney Jul 2014 #27
Hopefully, my parents won't be stuck under Ted Yoho anymore... Tommy_Carcetti Jul 2014 #29
Classic. Take a portion of TWO urban areas and water them down with tons of rural. Spitfire of ATJ Jul 2014 #30
Corrine Brown's opposition to this decision madville Jul 2014 #31
Shorter version: I like my gerrymandered district because it makes my seat safe. Nye Bevan Jul 2014 #32
We voted for Fair Districts a couple of years ago...still have this mess Roland99 Jul 2014 #33

Fla Dem

(23,351 posts)
28. "The ruling is expected to be appealed by the Legislature"
Fri Jul 11, 2014, 10:39 AM
Jul 2014

Of course the Repthugs will contest the ruling. It will go to the Florida Supreme Court, and if they uphold the ruling, guess where it will end up? The US Supreme Court. What are the chances of it getting by Scalia, Thomas, Roberts, Alito and Kennedy?

secondvariety

(1,245 posts)
10. I'd love
Thu Jul 10, 2014, 08:04 PM
Jul 2014

to see some of the puke legislators be prosecuted over this. Anyone with half a wit knew what they were up to.

cprise

(8,445 posts)
23. The courts acting like there are Fair District standards
Thu Jul 10, 2014, 10:11 PM
Jul 2014

...at all is very encouraging.

...and actually levelling suspicion against GOP "political operatives"

Will wonders never cease?

Enthusiast

(50,983 posts)
25. Kicked and recommended! Sometimes something good happens.
Fri Jul 11, 2014, 06:16 AM
Jul 2014

It's a damn shame this will take so long to implement.

Lochloosa

(16,019 posts)
26. Map of District 5
Fri Jul 11, 2014, 07:20 AM
Jul 2014

Corrine Brown's district is drawn to be disproportionately minority voters. This dilutes all the surrounding districts of minority and urban voters and leads to at least 5 districts that are overwhelmingly republican.

This map is not drawn to assure a Democratic district, it is drawn to assure 5 Republican districts.

Tommy_Carcetti

(43,085 posts)
29. Hopefully, my parents won't be stuck under Ted Yoho anymore...
Fri Jul 11, 2014, 10:41 AM
Jul 2014

....while people just a few blocks over from their house get to have Corrine Brown instead.

madville

(7,397 posts)
31. Corrine Brown's opposition to this decision
Fri Jul 11, 2014, 11:42 AM
Jul 2014
http://www.tampabay.com/blogs/the-buzz-florida-politics/corrine-brown-calls-redistricting-decision-seriously-flawed/2188080


The beginning of her statement:

“The decision by Judge Lewis is seriously flawed. It completely fails to take into consideration the rights of minority voters or to recognize federal law, specifically the 1964 Voting Rights Act, which protects minority voting rights and clearly supersedes the state’s Fair Districts standards. After the Florida Legislature conducted several dozen hearings throughout the state of Florida in a bi-partisan fashion to include voter participation and input on their representation, the Legislature drew the current plan and it passed both the House and Senate."


I can't blame her for fighting this decision because it will transform her district from solidly Democratic to potentially a competitive one.

Nye Bevan

(25,406 posts)
32. Shorter version: I like my gerrymandered district because it makes my seat safe.
Fri Jul 11, 2014, 11:55 AM
Jul 2014

Kind of disappointing that a Democrat would support gerrymandering for such a partisan, shallow reason.

Roland99

(53,342 posts)
33. We voted for Fair Districts a couple of years ago...still have this mess
Fri Jul 11, 2014, 12:49 PM
Jul 2014

And this decision will likely be met by deaf ears in Tallahassee.

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