2020 New York Redistricting

[cinyc]

]I can't find it in the Constitution itself. Where the F is it? And it makes no sense. If the legislature cannot reject the commission maps by more than 2% solution (you can't even get high on that anemic percentage), it has been castrated. We seem to live in a clueless, disingenuous, irrational madhouse.

I don't think it is in the Constitution, just that Session Law. IIRC, there was an argument before the 4th Department from one of the Dem lawyers that because it wasn't in the constitution, a subsequent legislature wasn't bound by it, and by passing what they did, they invalidated it.

[Torie]

]I can't find it in the Constitution itself. Where the F is it? And it makes no sense. If the legislature cannot reject the commission maps by more than 2% solution (you can't even get high on that anemic percentage), it has been castrated. We seem to live in a clueless, disingenuous, irrational madhouse.

I don't think it is in the Constitution, just that Session Law. IIRC, there was an argument before the 4th Department from one of the Dem lawyers that because it wasn't in the constitution, a subsequent legislature wasn't bound by it, and by passing what they did, they invalidated it.

How is that different from a mere statute trumping the Constitution?

[ProgressiveModerate]

Here is a map simillar to the one someone posted earlier but this time with a full NYC. It is 22-4. 2 of the R seats would be competitive as well as a few Dem seats. A map like this would be hard to argue against.

The Asian opportunity seat argument for NY-11 is smart

https://davesredistricting.org/join/0347f91a-b6aa-4198-aecb-fb6b924e5c81

To me by the way the justices were questioning, Garcia seems likely to find the map guilty whereas Garcia, Troutman, and Wilson seem to be leaning to leaving the map in place or at least giving the leg a second shot.

The others didn't really question much.

This map is sorta Florida style in that it's largely clean and has justifiable COIs, however, quite a few seats could fall in a bad year for Dems. However, by and large they should usually win over 20 seats when it matters.

[cinyc]

]I can't find it in the Constitution itself. Where the F is it? And it makes no sense. If the legislature cannot reject the commission maps by more than 2% solution (you can't even get high on that anemic percentage), it has been castrated. We seem to live in a clueless, disingenuous, irrational madhouse.

I don't think it is in the Constitution, just that Session Law. IIRC, there was an argument before the 4th Department from one of the Dem lawyers that because it wasn't in the constitution, a subsequent legislature wasn't bound by it, and by passing what they did, they invalidated it.

How is that different from a mere statute trumping the Constitution?

I don't know - but the leg should be bound by its own statutes - or at least the act of repealing them should say something about intent

Justice Garcia, in his questioning, seems to have indicated that he thinks that the legislature getting rid of the 2% requirement is itself evidence of partisan intent. I'd be very surprised if he didn't rule to strike down the Congressional map. He might even go one step further and strike down the State Senate map on the procedural argument.

[Torie]

]I can't find it in the Constitution itself. Where the F is it? And it makes no sense. If the legislature cannot reject the commission maps by more than 2% solution (you can't even get high on that anemic percentage), it has been castrated. We seem to live in a clueless, disingenuous, irrational madhouse.

I don't think it is in the Constitution, just that Session Law. IIRC, there was an argument before the 4th Department from one of the Dem lawyers that because it wasn't in the constitution, a subsequent legislature wasn't bound by it, and by passing what they did, they invalidated it.

How is that different from a mere statute trumping the Constitution?

I don't know - but the leg should be bound by its own statutes - or at least the act of repealing them should say something about intent

Justice Garcia, in his questioning, seems to have indicated that he thinks that the legislature getting rid of the 2% requirement is itself evidence of partisan intent. I'd be very surprised if he didn't rule to strike down the Congressional map. He might even go one step further and strike down the State Senate map on the procedural argument.

Yes, I agree. And none of the justices took the time to defend the map's legality. Much of the questioning, particularly Garcia, was for the benefit of the other judges.

My guess is that the legislature will get until April 30 to cure, perhaps a tad later, with maybe the the RC having a chance to submit maps to the Legislature if it wants, and perhaps if those deadlines are blown, to submit maps to the Special Master or in tandem.

[ProgressiveModerate]

]I can't find it in the Constitution itself. Where the F is it? And it makes no sense. If the legislature cannot reject the commission maps by more than 2% solution (you can't even get high on that anemic percentage), it has been castrated. We seem to live in a clueless, disingenuous, irrational madhouse.

I don't think it is in the Constitution, just that Session Law. IIRC, there was an argument before the 4th Department from one of the Dem lawyers that because it wasn't in the constitution, a subsequent legislature wasn't bound by it, and by passing what they did, they invalidated it.

How is that different from a mere statute trumping the Constitution?

I don't know - but the leg should be bound by its own statutes - or at least the act of repealing them should say something about intent

Justice Garcia, in his questioning, seems to have indicated that he thinks that the legislature getting rid of the 2% requirement is itself evidence of partisan intent. I'd be very surprised if he didn't rule to strike down the Congressional map. He might even go one step further and strike down the State Senate map on the procedural argument.

Yes, I agree. And none of the justices took the time to defend the map's legality. Much of the questioning, particularly Garcia, was for the benefit of the other judges.

My guess is that the legislature will get until April 30 to cure, perhaps a tad later, with maybe the the RC having a chance to submit maps to the Legislature if it wants, and perhaps if those deadlines are blown, to submit maps to the Special Master or in tandem.

None of the questioning was really on the map itself but more what to do if the map is deemed illegal as well as what even qualifies as illegal beyond reasonable doubt  - not sure what to make of that exactly.

Garcia seems like the most likely to overturn but it seems if the map is overturned it’d go back to the leg. We’ll see how questioning today goes.

[lfromnj]

https://twitter.com/BenJ_Rosenblatt/status/1519377076666748935

[lfromnj]

https://twitter.com/BenJ_Rosenblatt/status/1519377661470117889

No DeSantismander either for D's.

[RussFeingoldWasRobbed]

What are options for d's here?

[Gass3268]

Pathetic! After what happened in Florida, Ohio, Utah, and Wisconsin. Republicans go for the jugular and Democrats just roll over.

[lfromnj]

What are options for d's here?

None for 2022 effectively.

[RussFeingoldWasRobbed]

Dems should appeal to SCOTUS and get them to say it's too late. Don't roll over!

[lfromnj]

Dems should appeal to SCOTUS and get them to say it's too late. Don't roll over!

The primary is already delayed by the way, and the NC GOP tried the same.

[RussFeingoldWasRobbed]

Then Dems should threaten to impeach the court! I don't care what they have to do!!!!!!! This map must be used in 2022!

[lfromnj]

Ouch they even lost on the senate map, which even the "R hack" Stueben County judge didn't strike down. Eerily similar to Florida's 2010 case.

[RussFeingoldWasRobbed]

PACK THE COURT

[AncestralDemocrat.]

 

[GALeftist]

Andrew Cuomo and his consequences have been a disaster for the human race.

[RussFeingoldWasRobbed]

Sorry for posting so much in this thread, but Dems need to figure out something ASAP. This is unacceptable!

[Chancellor Tanterterg]

Hopefully these rogue activist judges are impeached for flagrantly betraying their oath of office in this sad, pathetic effort to bolster their #ModerateHero credentials.  Every judge who voted to strike down these maps deserves to be disbarred, but alas, we live in an imperfect world where people don’t always get what they deserve.

[Sol]

Sorry for posting so much in this thread, but Dems need to figure out something ASAP. This is unacceptable!

New York is going to have good and fair maps for 2022 and you're going to have to suck it up!

[Chancellor Tanterterg]

Sorry for posting so much in this thread, but Dems need to figure out something ASAP. This is unacceptable!

New York is going to have good and fair maps for 2022 and you're going to have to suck it up!

It had fair maps, the court just struck them down

[Minnesota Mike]

Honestly given NY's constitution probably the correct ruling. Lets see if Florida's Supreme Court is as impartial (I have my doubts).

That having been said the whole system is broken. Florida, which Trump won by 2.5 points, will net Republicans more seats than New York, which Biden by 23, will net Democrats.

[Sol]

Sorry for posting so much in this thread, but Dems need to figure out something ASAP. This is unacceptable!

New York is going to have good and fair maps for 2022 and you're going to have to suck it up!

It had fair maps, the court just struck them down

Well, as we know a snake from the Upper West Side to Borough Park is perfectly fair and rational

[lfromnj]

Sorry for posting so much in this thread, but Dems need to figure out something ASAP. This is unacceptable!

New York is going to have good and fair maps for 2022 and you're going to have to suck it up!

It had fair maps, the court just struck them down

Well, as we know a snake from the Upper West Side to Borough Park is perfectly fair and rational

Surprisingly that district by in itself could be constitutional under the keeping cores of district together as its there on the current map.  Surprised D's didn't try to pull that argument especially as the current map isn't a gerrymander.