A divided state appeals court ordered New York's redistricting commission to draw a new congressional map ahead of the 2024 elections on Thursday, overturning a lower court that had previously ruled in favor of retaining the state's current court-drawn boundaries. Republicans opposing the Democratic-backed lawsuit, however, immediately vowed to appeal in an effort to prevent the adoption of districts that would be less favorable to them.
The dispute wound up in court after the evenly divided bipartisan commission failed to reach an agreement on a single set of redistricting plans for Congress and the state legislature last year. Instead, it forwarded dueling proposals—one batch supported by Democrats, the other by Republicans—to lawmakers, who rejected them both. After that failure, the commission refused to try again, which led the Democratic-run legislature to pass its own maps.
However, the state's highest court struck down that attempt last year in a 4-3 decision, saying that because the commission had never sent a second set of maps to the legislature as contemplated by the state constitution, lawmakers could not act on their own. As a remedy, an upstate trial court instead imposed maps drawn by an outside expert that saw Republicans make considerable gains in the November midterms.
A group of voters, though, filed a suit demanding that the commission be ordered back to work. While a lower court initially rejected that argument, the Appellate Division agreed with the plaintiffs. The commission still "had an indisputable duty under the NY Constitution to submit a second set of maps upon the rejection of its first set," wrote the majority in a 3-2 opinion, concluding that the court-ordered maps used in 2022 were interim in nature.
If New York’s highest court, known as the Court of Appeals, upholds this decision, then the commission will again have to try to compromise on a new congressional map. If it again fails to produce an acceptable map, though, Democrats in the legislature—who enjoy two-thirds supermajorities in both chambers—would, this time, very likely be entitled to create new maps of their own design. That possibility could spur Republican commissioners to accept lines that tilt somewhat more in Democrats’ favor than the current districts rather than face the alternative of an unfettered partisan gerrymander.