Skip to content
Judge warns Democrats they may regret New York gerrymander’s appeal


An appeals court judge on Friday temporarily blocked enforcement of a ruling that Democratic state lawmakers unlawfully manipulated new congressional districts – but warned that waiting for the case to be decided could turn against them.

“The Legislature can start redrawing the map now if it chooses,” Rochester Appeals Division Judge Stephen Lindley wrote.

“Or the legislature can choose to do nothing and risk having to live with the map drawn by the judge [Patrick] McAllister’s neutral expert if the defendants lose in the Court of Appeals and run out of time to offer a replacement card that withstands constitutional scrutiny after appeals have been exhausted.

Last month, McAllister gave the state’s top Democrats a Monday deadline to come up with new bipartisan maps to replace those he says have been illegally manipulated to hurt Republicans, or else risk a pundit appointed by the court does it and doesn’t finish in time for Congress. primary elections – even if they are pushed back to August 23.

Lindley’s three-page ruling granted a request from defendants, including Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins ​​(D-Yonkers) and Assembly Leader Carl Heastie (D- The Bronx) to stay the order until April 20, when a panel of Rochester Appellate Division judges is scheduled to hear oral argument.

The New York State Legislature offered its map of congressional districts after the Empire State lost a district as a result of the 2020 census.
Courtesy of Princeton Gerrymander

Ahead of Friday’s decision, Lindley issued a temporary suspension on Monday that allowed the campaign and petition ahead of the June 28 primary contest to continue on schedule.

Petitions from candidates for Congress and the state legislature were due Thursday.

But if McAllister’s decision is upheld by the higher court, it could push back the state’s June 28 primary date.

Judge warns Democrats they may regret New York gerrymander’s appeal
New York State Republicans have accused Democrats of trying to gerrymand Rep. Nicole Malliotakis’ Long Island district.
Ron Adar/SOPA Images/Sipa USA

New York’s new maps – proposed in January – give Democrats a majority of registered voters in 22 of the 26 congressional districts the state will have in 2023. Republicans, who now hold eight of New York’s 27 congressional seats , would have a party registration advantage in just four districts.

New York lost one of its 27 House seats due to population losses documented by the 2020 census.

The new U.S. House map eliminates the current upstate district held by GOP Rep. Claudia Tenney of Binghamton to account for population loss, creating a new 22nd district effectively split between seats held by incumbent GOP Representative John Katko of Auburn and Democratic Representative Antonio Delgado of Kingston.

Judge warns Democrats they may regret New York gerrymander’s appeal
Upstate Court Judge Patrick McAllister asked Democrats to draw a map of the congressional district.
Vaughn Golden/WSKG via AP, Pool

Additionally, Democrats redesigned the seat occupied by incumbent Republican Rep. Nicole Malliotakis (R-Staten Island), adding more liberal Brooklyn neighborhoods such as Park Slope and Sunset Park, to counter the more conservative Staten Island in the 11th congressional district. gives the former American Democrat. Rep. Max Rose, who held the House seat for two years, has an edge in his campaign to oust Malliotakis.

Under the new boundaries, longtime Rep. Jerry Nadler’s 10th Congressional District absorbed conservative-leaning neighborhoods in southern Brooklyn — including Dyker Heights and Bath Beach — that were once part of Mallitoakis District.

The new borders prompted former mayor Bill de Blasio, owner of two homes in Park Slope, to briefly consider launching a candidacy for Congress before announcing he had opted against it.

Judge warns Democrats they may regret New York gerrymander’s appeal
New York lost one of its 27 House seats due to population losses documented by the 2020 census.
AP Photo/Seth Wenig, File

With post wires

New York Post

Not all news on the site expresses the point of view of the site, but we transmit this news automatically and translate it through programmatic technology on the site and not from a human editor.