The New York Supreme Court upheld the state General Assembly's map Wednesday, a victory for Democrats in the state legislature in spite of the judge's stated concerns about the process's constitutionality.
The map was the product of an unconstitutional process, according to acting Supreme Court Justice Patrick McAllister, who hinted it could be struck down after the 2022 elections but said intervening before the election was untimely and "extremely burdensome" to the existing parties.
"This court agrees with the potential intervenors Greenberg and Wax that the Assembly maps were unconstitutional in the manner in which they were enacted. However, the question is whether or not permitting intervention at this time in this action is timely," McAllister wrote in his decision. "Since the court has received no potential maps with regard to new District lines it would almost assuredly mean that new maps could not be in place by May 20th."
TOP NEW YORK COURT TOSSES REDISTRICTING MAP IN DEFEAT FOR DEMOCRATS
The complaint was filed by Gary Greenberg and Republican activist Gavin Wax, who has indicated he plans to appeal the ruling.
"He should be willing to accept this motion as it will validate his prior ruling and it will apply the same legal rules and principles equally across the board," Wax said of McAllister before the ruling, according to the New York State of Politics.
In March, McAllister ruled that New York's congressional, state Senate, and state Assembly maps were voided "ab initio" for "failing to follow the constitutional process. Notably, the petitioners had not challenged the Assembly map in that case, but he included it in his "ab initio" determination.
While a subsequent ruling by the New York State Court of Appeals upheld that ruling and nixed the congressional and state Senate maps, New York's highest court "did not order new Assembly maps to be drawn since those maps had not been challenged in this action," McAllister said.
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The state's constitutional process required bipartisan maps to be presented by the New York State Independent Redistricting Commission. The IRC ran into a deadlock earlier this year, and the legislature, controlled by the Democrats, crafted the new maps in response.
An expert had been appointed by the court to redraw the congressional and state Senate maps by May 20. Additionally, the court postponed the primary dates for those elections from June 28 to Aug. 23.