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Florida Supreme Court Issues Ruling On State’s Congressional District Map


The Florida Supreme Court has upheld the state’s new congressional district maps, rejecting a challenge alleging racial gerrymandering.

According to the Tallahassee Democrat, the “court reversed a previous decision that led to the creation of the now-defunct Jacksonville-to-Tallahassee district.”

In a 5-1 opinion, the court said the new congressional districts will stand and resolved any questions on whether they’ll change before the midterm elections.

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A majority opinion written by Chief Justice Carlos Muñiz accepted DeSantis’ past arguments that the Equal Protection Clause in the U.S. Constitution overrides a demand in Florida’s Fair Districts language that the power of minority voters cannot be diminished in the redistricting process.

“The Legislature’s obligation to comply with the Equal Protection Clause is superior to its obligation to comply with the Non-Diminishment Clause as interpreted by our Court,” he wrote. “The plaintiffs did not prove the possibility of complying with both the Non-Diminishment Clause and the Equal Protection Clause in North Florida. Therefore, they did not meet their burden to prove the invalidity of the Enacted Plan.”

Plaintiffs criticized the decision.

“Today is another dark day in the history of Florida. With today’s ruling, the Florida Supreme Court has turned its back on Black voters, the state constitution, and the fundamental principles of representative democracy,” said Genesis Robinson, Executive Director of Equal Ground, one of the groups challenging the map.

“By allowing a map that clearly diminishes Black voting power to stand in a 5-1 decision, the Court has sent a chilling message: the constitutional rights of Black Floridians are negotiable, and the will of the people can be ignored, even when it is written into the very fabric of our laws. At the heart of this case was a basic question: Do Black Floridians have the right to fair representation in Congress? Today, the Court answered with a resounding no.”

“We uphold our state’s congressional districting plan, because the federal Equal Protection Clause prohibits the racially gerrymandered district that the plaintiffs demand,” the majority opinion read.

“Reminder that Republicans would not control congress today had DeSantis not used his veto pen against the legislature,” The Blaze Senior Editor Daniel Horowitz commented.

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Tallahassee Democrat noted:

A group of voting-rights groups, including Black Voters Matter and the League of Women Voters of Florida, had challenged the new districts. They claimed the new maps violated Florida’s anti-gerrymandering Fair Districts Amendment passed by voters in 2010, which bars the Legislature from drawing maps that diminish the ability of minority groups to elect a representative of their choice.

Justice Charles Canady recused himself from the case. He gave no reason but his wife Jennifer Canady is a Republican state House member, in line to become speaker of that chamber, who voted for the maps.

The old district was held by former U.S. Rep. Al Lawson, a Black Democrat from Tallahassee. The shape of the district was the result of a previous redistricting challenge, which resulted in the Florida Supreme Court essentially ordering the district in a 2016 ruling.

After the new maps were enacted Lawson ran in the district that encompassed Tallahassee, which stretched west to Panama City. He lost to incumbent U.S. Rep. Neil Dunn, a Panama City Republican.

In the latest decision, Muñiz stated the court erred in its previous decision: “In fairness, we acknowledge our Court’s role in leading the trial court astray,” he wrote.

This is a Guest Post from our friends over at 100 Percent Fed Up. View the original article here.


 

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