IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
Source: Brennan Center
(this is the formal Judicial Ruling overturning Pennsylvania's partisan gerrymander of Congressional Districts)
OPINION
JUSTICE TODD FILED: February 7, 2018
It is a core principle of our republican form of government that the voters should choose their representatives, not the other way around.
In this case, Petitioners allege that the Pennsylvania Congressional Redistricting Act of 20112 (the 2011 Plan) does the latter, infringing upon that most central of democratic rights the right to vote.
Specifically, they contend that the 2011 Plan is an unconstitutional partisan gerrymander. While federal courts have, to date, been unable to settle on a workable standard by which to assess such claims under the federal Constitution, we find no such barriers under our great Pennsylvania charter. The people of this Commonwealth should never lose sight of the fact that, in its protection of essential rights, our founding document is the ancestor, not the offspring, of the federal Constitution. We conclude that, in this matter, it provides a constitutional standard, and remedy, even if the federal charter does not. Specifically, we hold that the 2011 Plan violates Article I, Section 5 the Free and Equal Elections Clause of the Pennsylvania Constitution.
The challenge herein was brought in June 2017 by Petitioners, the League of Women Voters and 18 voters all registered Democrats, one from each of our states congressional districts against Governor Thomas W. Wolf, Lieutenant Governor Michael J. Stack, III, Secretary Robert Torres, and Commissioner Jonathan M. Marks (collectively, Executive Respondents), and the General Assembly, Senate President Pro Tempore Joseph B. Scarnati, III, and House Speaker Michael C. Turzai (collectively, Legislative Respondents). Petitioners alleged that the 2011 Plan violated several provisions of our state Constitution.
On January 22, 2018, this Court entered a per curiam order agreeing with Petitioners, and deeming the 2011 Plan to clearly, plainly and palpably violate[] our state Constitution, and so enjoined its further use. See Order, 1/22/18. We further provided that, if the General Assembly and the Governor did not enact a remedial plan by February 15, 2018, this Court would choose a remedial plan. For those endeavors, we set forth the criteria to be applied in measuring the constitutionality of any remedial plan, holding that:
"any congressional districting plan shall consist of: congressional districts composed of compact and contiguous territory; as nearly equal in population as practicable; and which do not divide any county, city, incorporated town, borough, township, or ward, except where necessary to ensure equality of population. Order, 1/22/18
Our Order indicated that an opinion would follow. This is that Opinion, and we emphasize that, while explicating our rationale, nothing in this Opinion is intended to conflict with, or in any way alter, the mandate set forth in our Order of January 22, 2018.
Read more: https://www.brennancenter.org/sites/default/files/legal-work/LWV_v_PA_Majority-Opinion.pdf
elleng
(131,102 posts)in its protection of essential rights, our founding document is the ancestor, not the offspring, of the federal Constitution. We conclude that, in this matter, it provides a constitutional standard, and remedy, even if the federal charter does not.'
DeminPennswoods
(15,290 posts)nt
ehrnst
(32,640 posts)a bunch of GOP shitheads who didn't see this coming.
bucolic_frolic
(43,281 posts)Does this extend to the State Legislature as well? After 80 years in power those crooks just about own the state.
BumRushDaShow
(129,440 posts)they forced the redraw of the state legislative districts several times, and the final time it was approved by the state Supreme Court. It's a shame that this couldn't have been done back then with the Congressional districts but then it was probably because those were even worse.
But now the latest is that they (GOP) want to reduce the number of reps in the chamber, which requires a change in the state Constitution and a series of other things including a ballot question to make the change.
bucolic_frolic
(43,281 posts)Three R Three D court in 2013, Five D Two R court today.
The reps all get cars, don't they? I see so many state vehicles on the road, more than state police!
I went to my local rep's office for tax forms. You have to identify yourself. Name and address. To get a tax form.
Some of which were outdated and no longer apply.
They pay them $88k a year? So they can fund PennDot? I do hope to leave here someday. Or should I say 'flee'.
BumRushDaShow
(129,440 posts)because the license plates have single numbers on them.
I have a telephone town hall with my State Senator (D) tomorrow evening for a discussion of the redistricting thing, so can't wait to hear how that is going to proceed, given it is supposed to be done by Friday!
FakeNoose
(32,748 posts)... but it has taken this long to get the ruling we needed.
Dems must be ever vigilant, and never let Repukes get away with this shit. It takes too long to undo it. They're always looking for ways to cheat because they can't win in a fair election. They will always be cheating in some way or another. They love gerrymandering because it's the gift that keeps on giving.
DeminPennswoods
(15,290 posts)pass in two consecutive legislative sessions.
BumRushDaShow
(129,440 posts)too, plus there would be a ballot question which could kill it altogether.
The are trying to frame it as being "cost effective". But what ultimately happens is that the districts get so big (like how the congressional districts are) that your rep really can no longer effectively represent your interests.
DeminPennswoods
(15,290 posts)It should be debated, though.
BumRushDaShow
(129,440 posts)BigmanPigman
(51,627 posts)YEAH! The Founding Fathers have stopped rolling over in their graves for now.