Issue #49: DeSantis' Racist North Florida Gerrymander Struck Down

Appeals and delays are in the future

Well it was a dramatic day in Florida! On Wednesday, Leon County Circuit Court Judge Layne Smith stuck down Florida’s new Congressional map. A lawsuit, brought by a multitude of plaintiffs, sought an injunction to force the state to leave the 5th Congressional district intact. After a multi-hour hearing, Judge Smith, a DeSantis appointee, agreed with the plaintiffs, and ordered a redrawing of North Florida.

The 5th District

For those who need a refresher, the current 5th district stretches from Gadsden County to Jacksonville, connecting the panhandle’s African-American community. Original drafts from the Florida Senate had a 5th district that would have been 70% black in a Democratic primary; with that primary being tantamount to election.

The State Senate would eventually pass a plan that kept the 5th largely intact. Staff and leaders from both legislative chambers went on record in calling the 5th district a protected minority seat.

The east-west 5th district aims to connect not just Tallahassee and Jacksonville, but also the rural black population in between the two large cities. Many of these voters descend from the old plantation system of North Florida, something that came up in the hearings.

Jacob Ogles @jacobogles

He seems to have noted the @MappingFL map that showed a heck of a lot of historic plantations and slave populations in North Florida. He says the Fla Supreme Court made a decision after a full trial and he won't argue with it.

I cannot stress enough how happy I am that this crucial historic point is becoming part of the redistricting debate.

As we all know, DeSantis took control of the redistricting process, targeting the 5th district and eventually ramming an extreme GOP gerrymander through the legislature.

There is plenty more that can be said about the 5th district AND the history of redistricting in North Florida. For a more formal history lesson, read this LONG article I wrote on the subject several months back.

The Ruling

The lawsuit is against the entire map, but this hearing was specifically about getting an injunction for North Florida. Realistically, a broader trial over political intent in places like Tampa and Orlando will require much more time. Since Florida’s Fair Districts Amendments say you cannot diminish minority voting strength; REGARDLESS of intent, this was a more straight forward hearing. The crux of the matter - did this map diminish the voting strength of minority voters? Judge Smith said it did.

See below footage of Judge Smith (aka Dr Strange) protecting black voters from Ron DeSantis (aka Thanos)

Sorry I just saw Multiverse of Madness last week and I’m still in geek mode…. anyway

In his decision (and a written ruling is expecting Thursday), Smith agreed with plaintiffs that the new Congressional plan diminished the ability of North Florida African-Americans to elect a candidate of their choice. He said the new plan “does disperse 367,000 African American votes between four different districts.” FOUR!!!

That is called cracking - people. Textbook cracking.

The lawyers for the state argued that newer cases, coming from a much more reactionary right court system, weaken minority protections in redistricting. Plaintiff lawyers, which include the Marc Elias law group, cited current Florida court precedent, as well as federal case law that does allow for states to implement their own regulations (aka the Fair Districts Amendments).

Judge Smith gave the legislature to opportunity to redraw North Florida, but in case that doesn’t happen, he also selected a plan offered by the plaintiff’s expert, Professor Stephen Ansolabehere.

Jacob Ogles @jacobogles

Asked if he has a recommendation of a map, Ansolabehere says he has closely studied maps. He recommends Plan A here.

That plan aims to only change districts 2, 3, 4, 5, and 6. Everything else would remain the same; with redrawing confined to fixing North Florida.

So this is where we currently stand in Florida. Districts 2-6 have been struck down (but really its just an order to re-establish the 5th district). Exact language to come. But what we know for sure is appeals are happening.

Not only are appeals a guarantee, but efforts to delay are a likely as well. It came up during the hearing that the legislature delayed sending their first map to the Governor for weeks. The special session was then scheduled for several more weeks later. The tight timeline Florida is under, to get a map finalized before the elections, is entirely of the state government’s making.

Andrew Pantazi @apantazi

@traciedavisjax Devaney: It's notable there was a 3-week delay after Legislature passed a map and when it was vetoed and a special session took place "This is a timing circumstance of their own making. These are not naive people. They know if they delay maybe a court will be more reluctant."

This delay tactic could easily continue. If (when) the appeals get to the State Supreme Court, delays from the court itself could result. Such a move wouldn’t be new for this court.

Andrew Pantazi @apantazi

One tactic this FL Supreme Court has used in the past with proposed constitutional amendments is to delay making a ruling until it becomes a moot issue. It's possible the court doesn't rule on the case until it's too late and becomes moot for 2022.

Nate Monroe @NateMonroeTU

unfortunately the partisan Florida Supreme Court doesn't give a shit about the law so this ruling, while hearting, will be short lived https://t.co/hVaxP882yM

So what is my take on the current situation? Cynicism. I see every delay action in the book being thrown at this situation. The DeSantis map cannot stand on its own merits - but could survive for the midterms if the clock runs out. Election departments say they need things finalized within a few weeks in order to get the voter rolls squared away for the August primaries. So for the GOP, the goal is no doubt to delay, or count on a conservative Supreme Court to delay for them.

In other words…..

We will see how the next few weeks go. Florida’s grand redistricting clusterfu&% continues!