Republicans are gearing up to challenge a recent ruling that threatens to eliminate New York City’s sole Republican congressional district, ostensibly to prevent a contentious primary for Democrats.
A judge in Manhattan, with a Democratic inclination, has instructed the state’s redistricting commission to revise New York’s congressional maps. This decision adversely impacts Rep. Nicole Malliotakis’ chances for reelection and is likely to ignite further legal disputes.
Malliotakis has strongly criticized the redistricting efforts by Democrats. She stated, “We plan to explore all legal avenues, including potentially appealing to the U.S. Supreme Court.”
She argued, “Even with a voter registration advantage in the 11th Congressional District, Democrats can’t defeat me on the basis of merit, policy, or debate.”
“So what’s their strategy? They resort to unfounded lawsuits claiming our district disenfranchises minority voters and unjustly removes the first minority representative from our area,” she continued.
Judge Jeffrey Perlman, previously an aide to Governor Kathy Hochul, has ruled that the current district boundaries, which encompass Staten Island and parts of Brooklyn, are “unconstitutional” for not including minority voters.
The Republican side is now weighing options to challenge this ruling, with expectations it could elevate to the state Supreme Court and perhaps even the U.S. Supreme Court.
“Anything is possible,” remarked former Rep. John Faso, who is assisting New York Republicans with redistricting issues, in a conversation with the Post. He suggested that Perlman introduced a constitutional provision that hasn’t previously been examined by the state’s legal system.
“This decision doesn’t follow precedent,” Faso contended, adding, “It represents an entirely new interpretation.”
Democrats, on the other hand, welcomed the ruling, which could reshape the 11th District to incorporate parts of Lower Manhattan and Staten Island. This change could also avert a primary clash between incumbent Rep. Dan Goldman and his rival, former City Comptroller Brad Lander, in the 10th Congressional District.
Goldman expressed willingness to run in the newly established 11th District if requested by Democratic leaders, thereby allowing Lander to take the lead in the 10th District.
“Our main objective is to regain the majority and support Hakeem Jeffries for Speaker of the House, and I will prioritize that goal,” Goldman stated.
Jeffrey Weiss, a past attorney for Democratic redistricting, observed that Democrats made a unique argument suggesting that minority voting rights on Staten Island could be better safeguarded by collaborating with more progressive white voters in lower Manhattan than with the conservative voters in southern Brooklyn.
“This is unprecedented,” remarked the head of the Elections, Census, and Redistricting Institute at the New York State Law School.
The New York Court of Appeals has been pivotal in the state’s redistricting debates, particularly after New York lost two House seats in the aftermath of the 2020 census.
Chief Justice Janet DiFiore, appointed by former Governor Andrew Cuomo, previously ruled in favor of the Democratic supermajority against gerrymandered maps in 2022, citing procedural complications stemming from lawmakers bypassing the newly established Independent Redistricting Commission.
Subsequently, a lawsuit by the same Democratic-affiliated law firm, currently attempting to enforce the redrawing of NY-11, called for the Zoning Commission to have another opportunity to craft the map.
In the intervening period, DiFiore resigned, and Governor Hochul appointed Liberal Chief Justice Rowan Wilson, who determined that the IRC should revisit the map creation, leading to the commission developing the current boundaries.
House Minority Leader Hakeem Jeffries, residing in Brooklyn, noted that the court’s ruling marks “a first step towards safeguarding community interests,” as Democrats aim to regain seats and control the House.
Critics derided this move as yet another attempt to manipulate New York’s congressional maps. Yet, in practice, the commission produced a map that closely mirrors one created by a court-appointed special master.
“Just over a year ago, both the Governor and Legislature collaboratively redrafted the Congressional map, with no alterations made to New York 11,” Faso remarked.
Both parties barely challenged the existing maps until the previous summer when states like Texas drew significant backlash by reshaping lines to benefit their agendas.
This prompted Hochul to advocate for redoing New York’s map, commenting simply, “If that’s what’s required, then so be it.”
The same constitutional amendment from 2014 that established the Redistricting Commission—comprised of five members appointed by Republicans and five by Democrats—is cited by Perlman to justify the need for redrawing NY-11.
