FL Court OKs Use of New House Districts06/11 06:14

   

   (AP) -- The Florida Supreme Court on Wednesday allowed new U.S. House 
districts drawn by Republicans to be used in the midterm elections, marking 
another victory for the GOP in a nationwide redistricting effort aimed at 
helping the party retain its slim House majority.

   Attorneys for voters who sued had argued that the new congressional 
districts violate a state constitutional prohibition on partisan 
gerrymandering, and that the court should order the state to continue using the 
same districts as in the previous election. The Supreme Court, in a 6-1 
decision, denied their request for a temporary injunction without ruling on the 
merits of the case. The judges said they lacked jurisdiction to intervene while 
the lawsuit gradually plays out in the lower courts.

   Republicans already hold 20 of Florida's 28 U.S. House seats. The new voting 
districts signed into law by Republican Gov. Ron DeSantis after a swift two-day 
special legislative session could improve the GOP's chances to win four 
additional seats this year.

   The court's decision provides some certainty for prospective congressional 
candidates, who face a Friday deadline to qualify for the state's Aug. 18 
primaries.

   Republican Attorney General James Uthmeier, who defended the new districts 
in court, declared "complete and total victory" in a social media post.

   Opponents expressed outrage while vowing to continue the court fight, even 
though it may stretch into the 2028 election cycle.

   "The Florida Supreme Court's failure to stop this brazen partisan power grab 
is not only an assault on democracy, but an abdication of its duty to the 
people of Florida," said Genesis Robinson, executive director of Equal Ground, 
a community organizing group that sued.

   The new districts are "a pretty clear partisan gerrymander," said Amy Keith, 
executive director of Common Cause Florida. "We're going to do everything we 
can to prevent this map from impacting further, future elections."

   Florida's map is part of a national GOP effort

   Voting districts typically are redrawn after a census near the beginning of 
each decade. Florida is one of several Republican-led states that have 
undertaken mid-decade redistricting as part of President Donald Trump's plan to 
try to hold on to a slim House majority in November by reshaping district 
boundaries to the GOP's advantage.

   Florida's legislature approved the new House map on April 29 -- the same day 
the U.S. Supreme Court weakened federal Voting Rights Act protections for 
minorities while striking down a majority-Black congressional district in 
Louisiana. Since then, several Southern states have taken steps to try to 
eliminate minority districts that have elected Democrats.

   DeSantis had called lawmakers into a special session before the high court's 
ruling, but he had anticipated the eventual outcome. DeSantis' office asserted 
that no racial data was used for the map he presented to the Legislature. The 
new map, among other things, redraws a southeastern Florida district that 
DeSantis' office said was created to help elect a Black representative in an 
attempt to comply with the federal Voting Rights Act.

   In addition to barring partisan gerrymandering, a constitutional amendment 
approved by Florida voters in 2010 also prohibits districts from being drawn to 
deny or diminish the ability of racial or language minorities to elect the 
representatives of their choice. It further requires districts to be compact 
and, where feasible, use existing political and geographic boundaries.

   Republicans assert that redistricting restrictions are invalid

   In a memo to lawmakers, DeSantis' General Counsel David Axelman asserted 
that the racial redistricting provision of Florida's Fair Districts Amendment 
violates the U.S. Constitution. If one element is invalid, Axelman wrote, then 
the entire 2010 amendment is void, including provisions barring partisan 
gerrymandering.

   Attorneys representing state officials made similar arguments to the Florida 
Supreme Court, after a lower court judge last month declined to issue a 
preliminary injunction against the new map. They also argued it was too late in 
the election season to revert to the previous maps.

   In a filing with the Florida Supreme Court, attorneys representing state 
officials said the new map was "cause for celebration" during America's 250th 
anniversary. "Perhaps for the first time in Florida's history, the State has a 
truly colorblind map; a map that refuses to assault the dignity of men and 
women by color-coding them," their court filing said.

   Attorneys who sued on behalf of voters argued the new districts were crafted 
with political favoritism. They argued in documents filed with the state 
Supreme Court that the new congressional districts are "among the most extreme 
partisan gerrymanders enacted in any state over the past half-century."

   Under the new House map, 82% of voters in districts represented by 
Republicans remain in the same districts as under the previous map, said 
attorney Chris Shenton, who represented Common Cause and other groups 
challenging the map. Just 41% of voters in districts represented by Democrats 
are kept in their same districts, he said.

   Justices differed on urgency of Florida case

   The Supreme Court's majority issued only a brief written opinion, but two of 
its members elaborated about the importance of the case. In a concurring 
opinion, Justice Adam Tanenbaum said the judicial system follows a deliberative 
process, and "there is no need for special treatment in this case."

   In a dissent, Justice Jorge Labarga expressed frustration that an appellate 
court hadn't sent the case straight to the Supreme Court. He said the state 
constitution "anticipates that some matters may be so urgent as to require an 
expedited path to this Court."

   "Surely, the upcoming 2026 congressional elections affecting the 
representation of millions of Floridians meet that threshold," Labarga wrote.