Pennsylvania still hasn’t drawn new U.S. House districts. Although the legislature had passed a plan, the Governor had vetoed it. Therefore, the State Supreme Court appears to be getting ready to draw the districts.
On February 11, some Pennsylvania voters filed a federal lawsuit, arguing that it would violate the U.S. Constitution to let the State Supreme Court draw the districts. The Complaint argues that Article One gives state legislatures sole authority to write state election laws governing congressional elections, except that Congress can override state election laws affecting congressional elections. The Complaint also points to a very old federal law that says when a state loses a seat in the U.S. House, and fails to redistrict, all U.S. House members from that state should be elected at-large, until there is a redistricting plan.
The case is Toth v Chapman, m.d., 1:22cv-208. It is assigned to U.S. District Court Judge Jennifer P. Wilson, a Trump appointee.