Democrats in New York are outraged because their efforts to gerrymander themselves between three and four extra Democratic seats in the House of Representatives have backfired. But back in 2014, NY state had actually amended the NY state constitution and banned partisan gerrymandering:
New Yorkers recognized these harms and, in 2014, voted to enshrine in the New York Constitution an explicit prohibition against partisan gerrymandering, which banned maps drawn, “for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.”…
When the U.S. Supreme Court recklessly declared that federal courts could not address cases about partisan gerrymandering, state-level efforts to outlaw partisan gerrymandering became more important than ever.
I’m not sure how that amendment came about, although I’ve researched it a bit. I would imagine there’s quite a story there, though, because the Democrats have controlled NY state for a long time and I don’t know why they would relinquish their ability to gerrymander. Here’s a little bit about the history:
In 2014, voters in New York State voted yes on Proposition 1, a constitutional amendment to implement historic changes with the intent to achieve a fair and readily transparent process by which to redraw the lines of state legislative and congressional districts. The redistricting process occurs every ten years, informed by data obtained by the Census. The goals of this proposal were to reform the redistricting process to introduce greater independence, and guarantee the application of substantive criteria that protect minority voting rights, communities of interest, and rational line-drawing…
One of these important reforms was the creation of the Independent Redistricting Commission. The purpose of creating the Commission is to make the process independent from the legislature in favor of an equally bipartisan body. For the first time, both the majority and minority parties in the legislature will have an equal role in the process of drawing lines.
At any rate, recent developments have led to the following
But all the braggadocio was for naught when a New York State trial judge, then Appellate Division panel, then the Court of Appeals (the highest court in the state) threw out the Democrat maps as an unconstitutional political gerrymander. The Court of Appeals confirmed the trial judge’s decision to appoint a Special Master to propose a map. The Special Master has circulated his preliminary map, and like a tiger caught by the toe, Democrats are hollering.
The new map – which hasn’t been finalized yet as the law of the land – has these possible consequences:
The proposed maps, drawn by Jonathan R. Cervas, the court-appointed special master, would unwind changes that Democrats had hoped to use to unseat Representative Nicole Malliotakis, a Staten Island Republican; flip other Republican-held swing districts; and secure their own tenuous seats in the Hudson Valley region.
The new lines even cast the future of several long-tenured, powerful Democratic incumbents in doubt, forcing several to potentially run against one another.
Did the Democrats think that the judiciary would side with them despite the 2014 amendment? Probably. But apparently they thought wrong.



