Appeals Court To Weigh Florida Redistricting Fight

Despite a request from attorneys for both sides to fast-track the case to the Florida Supreme Court, an appeals court said Monday it will take up a fight about a congressional redistricting plan that Gov. Ron DeSantis pushed through the Legislature last year.

The 1st District Court of Appeal will hold what is known as “en banc” hearing, meaning that the full court will consider the high-stakes case. In doing so, it will skip the usual process of a three-judge panel hearing the case.

But attorneys for both sides had sought to effectively bypass the Tallahassee appeals court and go straight to the Supreme Court. The appeals court issued a two-paragraph order that did not explain its reasons for deciding to take up the case but gave the parties until 5 p.m. Wednesday to provide an “expedited briefing schedule.”

“A judge of this court having requested that this cause be heard en banc, and a majority of all judges in regular active service that are not recused having voted in favor of that request, this cause shall be considered and determined on the merits en banc,” the order said.

Attorneys for Secretary of State Cord Byrd and the House and Senate filed a notice of appeal after Leon County Circuit Judge J. Lee Marsh ruled Sept. 2 that the congressional redistricting plan was unconstitutional.

The state and voting-rights groups that challenged the redistricting plan then asked the 1st District Court of Appeal to take a step known as “certification” of the case to the Supreme Court to speed up a final decision.