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DonViejo

(60,536 posts)
Thu Jan 25, 2018, 08:02 PM Jan 2018

Pennsylvania GOP take gerrymandering case to US high court

Source: Associated Press



Written by Marc Levy/Associated Press | Jan 25, 2018 3:42 PM


Pennsylvania's 7th is often cited as Exhibit A when it comes to congressional gerrymandering. David Daley, publisher of The Connecticut Mirror and the author of a book on the subject, described the district as cartoon character Goofy kicking Donald Duck.(Fair Districts PA graphic)

(Harrisburg) -- Pennsylvania's top Republican lawmakers are asking the U.S. Supreme Court to stop an order by the state's highest court throwing out the boundaries of its 18 congressional districts in a gerrymandering case.

Thursday's filing by the Legislature's Republican leaders says the state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts. It asked the nation's high court to put the state court's decision on hold while it considers their claims.

Pennsylvania's case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.

The Democratic-controlled Pennsylvania Supreme Court on Monday granted a major victory to registered Democratic voters who had contended that the congressional districts were unconstitutionally gerrymandered to benefit Republicans.

Read more: http://www.witf.org/news/2018/01/pennsylvania-gop-take-gerrymandering-case-to-us-high-court.php

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Pennsylvania GOP take gerrymandering case to US high court (Original Post) DonViejo Jan 2018 OP
And of course they do. LisaM Jan 2018 #1
It's not just one or two districts FakeNoose Jan 2018 #2
The GOP legislature violated the State Constitution BumRushDaShow Jan 2018 #3
I thought they could not take it Orange Free State Jan 2018 #4
The PA Supreme Court anticipated this & was careful in its wording Demit Jan 2018 #5
the SC should just throw out the appeal BUT bluestarone Jan 2018 #6
You're probably right. BigmanPigman Jan 2018 #7
PA Supreme Court ordered remap by Feb 9 BBG Jan 2018 #8
GOOD! BigmanPigman Jan 2018 #9

LisaM

(27,813 posts)
1. And of course they do.
Thu Jan 25, 2018, 08:05 PM
Jan 2018

I'd like to think that the SCOTUS would laugh manically and throw it back, but alas, that probably won't happen.

FakeNoose

(32,645 posts)
2. It's not just one or two districts
Thu Jan 25, 2018, 08:22 PM
Jan 2018

Pennsylvania is a crazy quilt. Each distinct color on the current CD map shows the individual Congressional District boundaries. There are 18 in all, most are made of several counties thrown together. The net result is that Republicans have won 13 of the 18 seats even though the voting has been almost a 50/50 split.




BumRushDaShow

(129,091 posts)
3. The GOP legislature violated the State Constitution
Thu Jan 25, 2018, 08:47 PM
Jan 2018

specifically -

Article II
THE LEGISLATURE
Legislative Power

...
...
Legislative Districts
Section 16


The Commonwealth shall be divided into fifty senatorial and two hundred three representative districts, which shall be composed of compact and contiguous territory as nearly equal in population as practicable. Each senatorial district shall elect one Senator, and each representative district one Representative. Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.

Legislative Reapportionment Commission
Section 17


(a) In each year following the year of the Federal decennial census, a Legislative Reapportionment Commission shall be constituted for the purpose of reapportioning the Commonwealth. The commission shall act by a majority of its entire membership.

(b) The commission shall consist of five members: four of whom shall be the majority and minority leaders of both the Senate and the House of Representatives, or deputies appointed by each of them, and a chairman selected as hereinafter provided. No later than sixty days following the official reporting of the Federal decennial census as required by Federal law, the four members shall be certified by the President pro tempore of the Senate and the Speaker of the House of Representatives to the elections officer of the Commonwealth who under law shall have supervision over elections. The four members within forty-five days after their certification shall select the fifth member, who shall serve as chairman of the commission, and shall immediately certify his name to such elections officer. The chairman shall be a citizen of the Commonwealth other than a local, State or Federal official holding an office to which compensation is attached. If the four members fail to select the fifth member within the time prescribed, a majority of the entire membership of the Supreme Court within thirty days thereafter shall appoint the chairman as aforesaid and certify his appointment to such elections officer. Any vacancy in the commission shall be filled within fifteen days in the same manner in which such position was originally filled.

(c) No later than ninety days after either the commission has been duly certified or the population data for the Commonwealth as determined by the Federal decennial census are available, whichever is later in time, the commission shall file a preliminary reapportionment plan with such elections officer. The commission shall have thirty days after filing the preliminary plan to make corrections in the plan. Any person aggrieved by the preliminary plan shall have the same thirty-day period to file exceptions with the commission in which case the commission shall have thirty days after the date the exceptions were filed to prepare and file with such elections officer a revised reapportionment plan. If no exceptions are filed within thirty days, or if filed and acted upon, the commission's plan shall be final and have the force of law.

(d) Any aggrieved person may file an appeal from the final plan directly to the Supreme Court within thirty days after the filing thereof. If the appellant establishes that the final plan is contrary to law, the Supreme Court shall issue an order remanding the plan to the commission and directing the commission to reapportion the Commonwealth in a manner not inconsistent with such order.

(e) When the Supreme Court has finally decided an appeal or when the last day for filing an appeal has passed with no appeal taken, the reapportionment plan shall have the force of law and the districts therein provided shall be used thereafter in elections to the General Assembly until the next reapportionment as required under this section 17.

(f) Any district which does not include the residence from which a member of the Senate was elected whether or not scheduled for election at the next general election shall elect a Senator at such election.

(g) The General Assembly shall appropriate sufficient funds for the compensation and expenses of members and staff appointed by the commission, and other necessary expenses. The members of the commission shall be entitled to such compensation for their services as the General Assembly from time to time shall determine but no part thereof shall be paid until a preliminary plan is filed. If a preliminary plan is filed but the commission fails to file a revised or final plan within the time prescribed, the commission members shall forfeit all right to compensation not paid.

(h) If a preliminary, revised or final reapportionment plan is not filed by the commission within the time prescribed by this section, unless the time be extended by the Supreme Court for cause shown, the Supreme Court shall immediately proceed on its own motion to reapportion the Commonwealth.

(i) Any reapportionment plan filed by the commission, or ordered or prepared by the Supreme Court upon the failure of the commission to act, shall be published by the elections officer once in at least one newspaper of general circulation in each senatorial and representative district. The publication shall contain a map of the Commonwealth showing the complete reapportionment of the General Assembly by districts, and a map showing the reapportionment districts in the area normally served by the newspaper in which the publication is made. The publication shall also state the population of the senatorial and representative districts having the smallest and largest population and the percentage variation of such districts from the average population for senatorial and representative districts
...
...

http://www.duq.edu/academics/gumberg-library/pa-constitution/texts-of-the-constitution#2


AND

Article VII
ELECTIONS

...
...

Fixing Election Districts
Section 9


Townships and wards of cities or boroughs shall form or be divided into election districts of compact and contiguous territory and their boundaries fixed and changed in such manner as may be provided by law.

...
...

http://www.duq.edu/academics/gumberg-library/pa-constitution/texts-of-the-constitution#7

...
Article IX
LOCAL GOVERNMENT
Local Government
...

...
Local Reapportionment
Section 11


Within the year following that in which the Federal decennial census is officially reported as required by Federal law, and at such other times as the governing body of any municipality shall deem necessary, each municipality having a governing body not entirely elected at large shall be reapportioned, by its governing body or as shall otherwise be provided by uniform law, into districts which shall be composed of compact and contiguous territory as nearly equal in population as practicable, for the purpose of describing the districts for those not elected at large.
...
...
http://www.duq.edu/academics/gumberg-library/pa-constitution/texts-of-the-constitution#9


And as a note, they had to redraw the state Senatorial and legislative districts several times based on violation of the above - and that was early on. Quite a bit of time was spent on re-doing the state legislative map and little on the federal congressional map until now.

Orange Free State

(611 posts)
4. I thought they could not take it
Thu Jan 25, 2018, 09:09 PM
Jan 2018

To the US Supreme Court. Anyone want to explain to me if the US Supreme Court can rule on matters of State constitutionality? Any chance they will, or are the Repukes just trying to delay things long enough to have the election under the present map?

 

Demit

(11,238 posts)
5. The PA Supreme Court anticipated this & was careful in its wording
Thu Jan 25, 2018, 09:14 PM
Jan 2018

It stressed that the issue was a state issue. It was about the violation of the PA (not the U.S.) constitution.

"The Court finds as a matter of law that the Congressional Redistricting Act of 2011 clearly, plainly and palpably violates the Constitution of the Commonwealth of Pennsylvania, and, ON THAT SOLE BASIS, we hereby strike it as unconstitutional."

Hopefully that will hold up & SCOTUS will decline to hear the case.

bluestarone

(16,976 posts)
6. the SC should just throw out the appeal BUT
Thu Jan 25, 2018, 09:14 PM
Jan 2018

we all know they won't THEY WILL JUST SIT ON IT. So we'll be talking about this for 6months too!! Just another bullshit concern

BigmanPigman

(51,609 posts)
7. You're probably right.
Thu Jan 25, 2018, 09:39 PM
Jan 2018

But I thought that the redistricting wouldn't go into effect until after the midterms anyhow.

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