TALLAHASSEE, Fla. — The Florida Supreme Court on Thursday shot down Gov. Ron DeSantis’ push to get the high court to rule on whether Rep. Al Lawson’s 200-mile congressional district linking Black neighborhoods must be kept intact during the state’s redistricting process.
The GOP governor wants to dismantle the north Florida seat held by Lawson, a Black Democrat, to make a redistricting map more friendly to Republicans. DeSantis asked the high court to give him an advisory opinion on whether the district was protected under Florida’s voter-approved standards.
But the court Thursday unanimously rejected DeSantis’ request — which was also backed by the GOP-controlled Florida Legislature.
“This court’s advisory opinions to the governor are generally limited to narrow questions,” states the unsigned opinion. “Here, the scope of the governor’s request is broad and contains multiple questions that implicate complex federal and state constitutional matters and precedents interpreting the Voting Rights Act of 1965.”
The Supreme Court added that any review of Florida’s 5th congressional district would likely involve the need for evidence, including voting patterns and demographic information. They also predicted the map could wind up before them at a later date.
“While this court acknowledges the importance of the issues presented by the Governor and the expressed need for quick resolution and finality, history shows that the constitutionality of a final redistricting bill for all congressional districts will be subject to more judicial review through subsequent challenges in court,” the ruling states.
Five justices — including three appointed to the court by DeSantis — took part in the decision. Two other justices, including Chief Justice Charles Canady, a former member of Congress, recused themselves.
State legislators had halted all work on a new congressional map as they waited for the court to act. The Florida Senate has already passed one map that keeps Lawson’s district largely intact, though some Republicans criticized the proposal for not favoring the GOP more.
Lawson, a former state legislator who was first elected to Congress in 2016, hailed the decision by the high court.
“I commend the Florida Supreme Court for making the right decision,” Lawson said in a statement. “Ron DeSantis wanted the Supreme Court to violate the separation of powers and engage the judicial branch in partisan politics. They wisely and correctly rejected his request. Yes, Ron DeSantis lost today, but more importantly, democracy and the Constitution won.”
Taryn Fenske, a spokesperson for DeSantis, said the administration will continue working with the legislation on the maps.
"While we were hopeful the Supreme Court would provide clarity to legal questions surrounding the maps that are under consideration, we agree with the Court’s opinion that there are important issues that must be addressed quickly," Fenske said in an email.
Lawson’s district stretches from downtown Jacksonville all the way across the northern end of the state to Tallahassee and neighboring Gadsden County. While it does not have a Black majority, nearly 44 percent of those who are old enough to vote in the district are Black. The current configuration was approved by the state Supreme Court in 2015 amid lawsuits surrounding the last round of redistricting.
DeSantis had proposed dismantling the seat in a map that his general counsel submitted to legislators last month. That map would likely result in the number of seats held by Black lawmakers going from four on current proposed congressional maps to two, while boosting the number of seats Donald Trump would have won in 2020 to 18 from the 16 on the map already passed by the Florida Senate. Florida gained one congressional seat in 2022 due to population growth for a total of 28.
In his request, DeSantis had asked whether or not redrawing the district would run afoul of Fair Districts anti-gerrymandering standards approved by voters in 2010. He also noted Lawson’s district was approved prior to a 2017 U.S. Supreme Court ruling in which two North Carolina congressional districts were thrown out because state legislators relied too heavily on race when drawing them.
The threat of legal challenges looms large over Florida’s redistricting process, which in 2012 became mired in a four-year legal fight after left-leaning voter groups filed a lawsuit. As a result, current court-approved state Senate and congressional maps were largely drawn by the groups that challenged the original maps.
This marks the second time that the court has rebuffed DeSantis in a high profile case. In September 2020, the justices ordered him to make a new appointment to the state Supreme Court after ruling the governor had nominated a Palm Beach circuit judge who did not meet constitutional requirements for a Supreme Court justice.
Rep. Kelly Skidmore, a Boca Raton Democrat who sits on the House panel working on a congressional map, said on Thursday that Democrats were “pleased that the courts have upheld the separation of powers and will leave this in the hands of the legislative branch. It’s time to set aside this political distraction and get back to work.”
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By: Gary Fineout
Title: Florida Supreme Court rejects DeSantis' redistricting push
Sourced From: www.politico.com/news/2022/02/10/desantis-redistricting-florida-supreme-court-00007799
Published Date: Thu, 10 Feb 2022 12:20:04 EST
