ICYMI: DeSantis Map Ruled Unconstitutional, New Congressional Map Selected for 2022
Contact
Jena Doyle
Doyle@redistrictingfoundation.org
ICYMI: DeSantis Map Ruled Unconstitutional, New Congressional Map Selected for 2022
Washington, D.C. — A fairer, court-selected, congressional map will be put into place instead of the unconstitutional one drawn by Governor DeSantis, after the Circuit Court of Leon County vacated an automatic stay halting the implementation of the remedial map.
The new remedial map is the result of a legal challenge, filed by NRF-supported plaintiffs in the case Black Voters Matter Capacity Building Institute v. Lee, against the state’s newly-enacted congressional map (the DeSantis Map). The DeSantis Map violates Article III, § 20 of the Florida Constitution, commonly known as the Fair Districts Amendment, as it diminishes the voting power of Black Floridians.
“The DeSantis Map was rejected in part for violating the fundamental voting rights of Black Floridians, and we applaud the court’s decision yesterday to put voters’ rights first. Justice delayed is justice denied, and the clearly established harm the DeSantis Map inflicts upon the voters of northern Florida should not be tolerated for even one election cycle,” said Marina Jenkins, Director of Litigation and Policy for the National Redistricting Foundation (NRF).
In Case You Missed either the preliminary injunction hearing last week or the hearing on plaintiffs’ motion to vacate the automatic stay, here are some of the highlights:
“Fundamental constitutional rights are at stake and time is both short and of the essence. There are no do-overs when it comes to elections; in essence, there is no remedy for a Florida voter once their constitutional rights have been infringed.” [Page 3 of the Order Vacating Stay]
“I have already found that the plaintiffs have satisfied what is necessary for the court to grant them a temporary injunction. I think the people would have a real problem with their government if rather than this being decided by courts on the merits, the clock ran out.” [42:00, Hearing on Motion to Vacate the Automatic Stay]
“If the answer is that nobody can ever do anything about the first election following the first decennial census even if it turns out later something is unconstitutional that isn’t a very good message to the people and you can’t delay or speed up a decennial census, so we’ve got to do what we can to get this right.” [43:58, Hearing on Motion to Vacate the Automatic Stay]
“I am concerned that if the normal course of things plays out, we could get to a point where the plaintiffs have no remedy even if it winds up being that they should have gotten one. An election that happens can’t be undone…. I’m going to err with the idea that I want the plaintiffs and the people who would vote to be in a position where they vote in a district, which I believe abides by the state constitution.” [46:21, Hearing on Motion to Vacate the Automatic Stay]
“I do think irreparable harm will happen to the plaintiffs and other voters in Florida and that they will lack any remedy whatsoever if the appellate process strings out long enough.” [50:01, Hearing on Motion to Vacate the Automatic Stay]
The order granting the temporary injunction can be found HERE and the order vacating the automatic stay can be found HERE.
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