Florida Supreme Court Rules State Legislators Can be Asked About their Motives in Drawing U.S. House District Boundaries

On December 13, the Florida Supreme Court issued an opinion in The League of Women Voters of Florida v The Florida House of Representatives, SC13-951. By a vote of 5-2, the Court ruled that legislators, and legislative staff, can be questioned in court about their motives concerning details of the U.S. House redistricting plan passed in 2012.

The Florida Constitution was amended before the last redistricting process. It now says, “In establishing congressional district boundaries, no apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent.” Article III, sec. 20(a).

The League of Women Voters of Florida believes that the congressional districts drawn up by the legislature were drawn to help the Republican Party, but in order to establish that, the League first sought the ability to force legislators to testify. The League has now won that fight. Since the decision came out, it has come to light that much of the evidence, such as e-mails between legislators and their staffs about redistricting, no longer exists. It is possible that this development might result in new districts being drawn up. See this story.


Comments

Florida Supreme Court Rules State Legislators Can be Asked About their Motives in Drawing U.S. House District Boundaries — 1 Comment

  1. SCOTUS has said a number of times that legislators are immune in enacting laws — i.e. NO examination of robot party hack *motives*.

    Pack/Crack gerrymander math = 1/2 votes x 1/2 gerrymander districts = 1/4 control.

    P.R. and nonpartisan App.V.

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