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kpete

(71,963 posts)
Mon Feb 5, 2018, 01:39 PM Feb 2018

Breaking news: The Supreme Court DENIED a request for a stay in PA partisan gerrymandering case

Breaking news: The Supreme Court DENIED a request for a stay in PA partisan gerrymandering case. GOP lawmakers wanted court to let them hold off on redrawing map before 2018, Court said no.

Top Republican lawmakers in Pennsylvania suffered another defeat on Monday when the U.S. Supreme Court denied their request to delay drawing a new congressional map ahead of the 2018 midterm elections.

In January, the Pennsylvania Supreme Court ruled that the state’s congressional map gave Republicans such a clear political advantage that it “clearly, plainly and palpably” violated the state’s constitution. The Pennsylvania Supreme Court gave Republican lawmakers about three weeks to redraw the map, and said the court would redraw the map itself if the lawmakers failed to agree on one with Pennsylvania Gov. Tom Wolf (D).

Hinting that there weren’t federal questions at stake, the Pennsylvania justices wrote the Pennsylvania Constitution was the “sole basis” for their decision.

Pennsylvania Republicans appealed the state court’s ruling to the U.S. Supreme Court, saying the U.S. Constitution only granted legislatures, not state courts, the power to draw congressional districts. They also said an entirely new congressional map would cause chaos in the system’s election process, set to begin at the end of February. Pennsylvania’s top election official says they can run the election in a timely manner with a new map in place.

Their request went before Justice Samuel Alito, who oversees the 3rd Circuit, which includes Pennsylvania. Alito denied the request on Monday.




https://www.huffingtonpost.com/entry/supreme-court-pennsylvania-gerrymandering_us_5a74bf28e4b06ee97af274d4?ncid=inblnkushpmg00000009



63 replies = new reply since forum marked as read
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Breaking news: The Supreme Court DENIED a request for a stay in PA partisan gerrymandering case (Original Post) kpete Feb 2018 OP
Oh shit, now they'll have to redraw them! vi5 Feb 2018 #1
Dem gov there who can veto the maps dsc Feb 2018 #11
Well, I sure hope so... vi5 Feb 2018 #18
The GOP has no say in this FakeNoose Feb 2018 #38
This is not true DeminPennswoods Feb 2018 #55
OK FakeNoose Feb 2018 #62
FairdistrictsPA DeminPennswoods Feb 2018 #63
Right, GOP says "Let us cheat one more time louis-t Feb 2018 #2
They have no choice Loki Liesmith Feb 2018 #27
Unexpected but welcome news gratuitous Feb 2018 #3
their next argument: "can we have until december? we're having a tough time finding a pencil." unblock Feb 2018 #4
LOL! calimary Feb 2018 #26
Or someone who knows how to read and write. louis-t Feb 2018 #31
yeah i think i should have gone with "crayon", too. unblock Feb 2018 #32
Woo hoo!!! BumRushDaShow Feb 2018 #5
This should be interesting atreides1 Feb 2018 #6
GOP must let the people vote! oasis Feb 2018 #7
Believe me, the judges will likely end up redrawing the districts meow2u3 Feb 2018 #12
Russians and GOP doing their best to undermine American democracy. oasis Feb 2018 #15
No that's incorrect FakeNoose Feb 2018 #42
Actually, I think it was 13 of 18 seats GeoWilliam750 Feb 2018 #54
So much GOP winning. lindysalsagal Feb 2018 #8
I must admit to being surprised, at least a little... Wounded Bear Feb 2018 #9
Great news for democracy! meow2u3 Feb 2018 #10
They don't have much time crazycatlady Feb 2018 #13
It will be completed by March FakeNoose Feb 2018 #43
The courts should ask for 2 maps by a deadline. rainin Feb 2018 #14
They cant stall Loki Liesmith Feb 2018 #30
The PA Supreme Court already took care of that. toddwv Feb 2018 #46
Show me a link. murielm99 Feb 2018 #16
From the AP: scheming daemons Feb 2018 #19
Why was this one permitted but not NC? Renew Deal Feb 2018 #17
Because PA case was argued strictly on PA State constitution,makes it outside jurisdiction of SCOTUS scheming daemons Feb 2018 #21
Probably because their state constitutions differ n2doc Feb 2018 #29
Unexpected. malthaussen Feb 2018 #20
completely unexpected kpete Feb 2018 #22
Alito!?!? MyOwnPeace Feb 2018 #39
The fact that it was Alto stunned me DFW Feb 2018 #60
K&R... spanone Feb 2018 #23
The republicans are so bent they will never be able to draw a straight down the line map. Mr. Sparkle Feb 2018 #24
Justice ALITO??? IllinoisBirdWatcher Feb 2018 #25
I know kpete Feb 2018 #28
Alito is a literalist/states rights type of guy - that is... haele Feb 2018 #36
There are other lawsuits around the country over this issue. old guy Feb 2018 #33
From Joy Reid: kpete Feb 2018 #34
From the Brennan Center Gothmog Feb 2018 #35
thanks Ruth bader !!!!! trueblue2007 Feb 2018 #37
Great news! I was afraid the Supreme Court was going to let the republicans ... Jim__ Feb 2018 #40
This is great news! keepleft101 Feb 2018 #41
hopefully the same will happen with Texas. nt Javaman Feb 2018 #44
I hope so, Javaman flying_wahini Feb 2018 #61
What a nice way to start the week eleny Feb 2018 #45
Excellent development! (nt) klook Feb 2018 #47
Wow even Alito told them to fuck off! durablend Feb 2018 #48
This is good for PA but I'm not so sure it's a good sign for the rest of us. pnwmom Feb 2018 #49
Watch those voting machines! durablend Feb 2018 #50
Yes! democrank Feb 2018 #51
Chalk one up for the left. The PA gov better use all the power he has... Honeycombe8 Feb 2018 #52
Bet pubbies are Pissed Cha Feb 2018 #53
Good BlueDog22 Feb 2018 #56
So apparently a Republican in the State House is OliverQ Feb 2018 #57
Did not see that coming. SunSeeker Feb 2018 #58
Thanks, SCOTUS! BlancheSplanchnik Feb 2018 #59
 

vi5

(13,305 posts)
1. Oh shit, now they'll have to redraw them!
Mon Feb 5, 2018, 01:40 PM
Feb 2018

Ha! Just kidding. They're Republicans. They'll do whatever they want and nobody can stop them.

dsc

(52,152 posts)
11. Dem gov there who can veto the maps
Mon Feb 5, 2018, 01:50 PM
Feb 2018

which lets the court draw, court already has a map maker in mind.

 

vi5

(13,305 posts)
18. Well, I sure hope so...
Mon Feb 5, 2018, 02:04 PM
Feb 2018

...because it really has started to seem like nothing matters and even victories are meaningless because there is nobody in charge...nobody with any control over any of the GOP's reckless, lawless actions.

FakeNoose

(32,587 posts)
38. The GOP has no say in this
Mon Feb 5, 2018, 03:32 PM
Feb 2018

The redrawing will be done by an independent committee, and I think they report to Gov. Wolf who is a Democrat.
The lawsuit was brought by an independent group, and they already won the suit last month.

This delay was just the latest BS because the Republicans don't want to turn over the polling data that they used when they drew up the district lines in 2012. They can't delay any more because they were spanked by SCOTUS, and that's what this is about.

Time's up guys!

DeminPennswoods

(15,265 posts)
55. This is not true
Tue Feb 6, 2018, 01:49 AM
Feb 2018

The legislature will draw a map. They might use the same process as for a normal re-districting which is a panel of 5 (2 Rs, 2 Ds (appointed by their caucuses) and 1 head of the committee), though.

The new map will have to be approved by Gov Wolf, so it can't be too partisan. Wolf has hired his own redistricting map expert.

The Supreme Court has also hired an redistricting map expert. The court has also invited the relevent parties to submit new maps for its consideration.

The bottom line is there were be at least a few new maps for the court to consider.

FTR, this ruling does not affect the upcoming special election in CD-18 next month.

FakeNoose

(32,587 posts)
62. OK
Tue Feb 6, 2018, 10:37 AM
Feb 2018

Thanks for the clarification. I believe they've got it started already but maybe not completed yet.
Will be completed by March, as I understand it.

DeminPennswoods

(15,265 posts)
63. FairdistrictsPA
Tue Feb 6, 2018, 03:18 PM
Feb 2018

is backing HB 722 and SB 22 to create a non-partisan commission for redistricting. The house bill is currently stalled in Metcalfe's gov't operations committee as he will not allow it come to a vote despite the bill having nearly 1/2 the state house as co-sponsors. These bills need to pass by July in order to make it onto the ballot.

Loki Liesmith

(4,602 posts)
27. They have no choice
Mon Feb 5, 2018, 02:21 PM
Feb 2018

If they can’t draw a map acceptable to the governor the court itself will commission a new map.

gratuitous

(82,849 posts)
3. Unexpected but welcome news
Mon Feb 5, 2018, 01:41 PM
Feb 2018

Maybe some of the Shelby County majority is re-thinking its conclusion that racism is dead in the United States?

atreides1

(16,066 posts)
6. This should be interesting
Mon Feb 5, 2018, 01:44 PM
Feb 2018

Without a stay, the Republicans in the state legislature will either have to turn over the information requested by the court, or face contempt of court charges!

meow2u3

(24,759 posts)
12. Believe me, the judges will likely end up redrawing the districts
Mon Feb 5, 2018, 01:51 PM
Feb 2018

The GOP will try to go as far as they can to tweak the gerrymandered districts, but I predict neither Gov. Wolf nor the PA SC will have any of it.

And the GOP won't like it one bit if the SC of PA draws the districts; the repukes can't stand fairness.

FakeNoose

(32,587 posts)
42. No that's incorrect
Mon Feb 5, 2018, 03:41 PM
Feb 2018

There's an independent non-partisan group behind this lawsuit and they're the ones who will redraw it.
They're reporting to the Governor and I believe the SC of PA will have final review in March.

The delay was caused because the GOP didn't want to give up their secret polling info that they used in 2012 to draw up the previous cngressional district boundaries. They claimed they owned the data but it's really not theirs. State funds were used to create the data and it never should have been secret in the first place.

Of course we all know the real reason - it's their secret weapon in how they were able to gerrymander themselves into winning 15 out of 18 congressional seats. The state of PA is roughly 50/50 as far as Dem/Rep voting, and yet they won 15 out of 18 congressional seats?

What the ever-loving fuck? Even SCOTUS could see what a travesty this is.


GeoWilliam750

(2,521 posts)
54. Actually, I think it was 13 of 18 seats
Mon Feb 5, 2018, 11:59 PM
Feb 2018

And they won 53.9% of the popular vote.

Still, it is badly gerrymandered.

Wounded Bear

(58,601 posts)
9. I must admit to being surprised, at least a little...
Mon Feb 5, 2018, 01:47 PM
Feb 2018

Although it is pretty obvious what happened there, given the actual representation is so badly representative of actual votes cast.

One win for the good guys.

meow2u3

(24,759 posts)
10. Great news for democracy!
Mon Feb 5, 2018, 01:50 PM
Feb 2018

Bad news for GOP cheaters. They wanted to make a Federal case of the PA state Constitution.

FakeNoose

(32,587 posts)
43. It will be completed by March
Mon Feb 5, 2018, 03:54 PM
Feb 2018

I'm sure they had already started redrawing, since the court case was won in January. This case was heard in the Pennsylvania Supreme Court which decided in favor of redrawing the districts immediately.

The reason it went to SCOTUS is because of the Republican Party's delay in turning over the secret polling data that they used to draw up the districts in 2012. They got spanked by SCOTUS and were told that they can't delay it any more. They have to turn over the data now.

I'm happy that other states will be able to cite this case as a legal precedent now that SCOTUS has a ruling on it as well as the state Supreme Court.

rainin

(3,010 posts)
14. The courts should ask for 2 maps by a deadline.
Mon Feb 5, 2018, 01:56 PM
Feb 2018

One from the Rs and one from the Dems. If the Rs miss the deadline, they adopt the dem map. If Rs try to submit another unconstitutional map, they accept the dem map.

Otherwise, Rs will just stall. November is coming fast!

toddwv

(2,830 posts)
46. The PA Supreme Court already took care of that.
Mon Feb 5, 2018, 04:11 PM
Feb 2018
State legislators are being given an opportunity to redraw the map in time for the May 15 primary election, subject to the governor's approval, and file it with the court by Feb. 15.

But the decision also invites "all parties and interveners" to submit their own proposed replacement maps. If lawmakers can't make it happen on time, the justices will choose a new map based on the court record.


https://www.npr.org/sections/thetwo-way/2018/01/22/579788104/pennsylvania-supreme-court-strikes-down-voting-map

n2doc

(47,953 posts)
29. Probably because their state constitutions differ
Mon Feb 5, 2018, 02:21 PM
Feb 2018

In PA case, the gerrymandering clearly violated parts of PA state constitution. I am guessing that wasn't the case in NC.

malthaussen

(17,175 posts)
20. Unexpected.
Mon Feb 5, 2018, 02:05 PM
Feb 2018

This could have some implications for other states. And that was Mr Justice Alito's ruling, interesting.

-- Mal

DFW

(54,295 posts)
60. The fact that it was Alto stunned me
Tue Feb 6, 2018, 03:20 AM
Feb 2018

He and Thomas are the two that I would have trusted to find ANY convoluted argument to let the gerrymandering of Pennsylvania continue.

I can just hear Karl Rove paraphrasing LBJ: "If I've lost Alito, I've lost the nation...."

Mr. Sparkle

(2,928 posts)
24. The republicans are so bent they will never be able to draw a straight down the line map.
Mon Feb 5, 2018, 02:15 PM
Feb 2018

the Pennsylvania Supreme Court is going to end up drawing it, which should be interesting.

IllinoisBirdWatcher

(2,315 posts)
25. Justice ALITO???
Mon Feb 5, 2018, 02:17 PM
Feb 2018

Bush appointee Justice Samuel Alito is one of the most conservative members of the SC. That makes this denial even more significant.

haele

(12,640 posts)
36. Alito is a literalist/states rights type of guy - that is...
Mon Feb 5, 2018, 02:59 PM
Feb 2018

Unless the Justice or Commerce departments are involved.

Which can occasionally work for the common good, as much as he's a selfishly elitist Federalist d**k.

This was a cut and dry statutory law situation, not one of those touchey-feely "civil rights" law situations. There's no competing interests involved that could be unduly harmed - so the GOP is going to have to go back to the fallback of voter suppression.
It would do more harm to the power of the Supreme Court if he did get involved, and he's at least smart enough to figure that out.

Haele

old guy

(3,283 posts)
33. There are other lawsuits around the country over this issue.
Mon Feb 5, 2018, 02:48 PM
Feb 2018

How much will this effect those rulings at lower courts if at all?

Jim__

(14,063 posts)
40. Great news! I was afraid the Supreme Court was going to let the republicans ...
Mon Feb 5, 2018, 03:40 PM
Feb 2018

... draw the lines any way they wanted.

flying_wahini

(6,578 posts)
61. I hope so, Javaman
Tue Feb 6, 2018, 10:15 AM
Feb 2018


Texas has been gerrymandered for decades and even though we proved it still nothing happens...

pnwmom

(108,955 posts)
49. This is good for PA but I'm not so sure it's a good sign for the rest of us.
Mon Feb 5, 2018, 04:37 PM
Feb 2018

The decision was made based on the clear, plain, and palpable wording of PA's constitution.

SCOTUS could use this to draw a line in the sand -- and say that the US constitution lacks a similar clear, plain, and palpable requirement.

durablend

(7,455 posts)
50. Watch those voting machines!
Mon Feb 5, 2018, 04:38 PM
Feb 2018

Can't see them giving up this easily. Those Russians are going to be busy reprogramming all of them.

Honeycombe8

(37,648 posts)
52. Chalk one up for the left. The PA gov better use all the power he has...
Mon Feb 5, 2018, 08:28 PM
Feb 2018

to ensure the maps are done right.

 

OliverQ

(3,363 posts)
57. So apparently a Republican in the State House is
Tue Feb 6, 2018, 01:54 AM
Feb 2018

asking to bring up Articles of Impeachment against 5 of the 7 State Supreme Court judges for striking down gerrymandering.

Holy crap Republicans are insane fascists.

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