ProPublica/Miami Herald: DeSantis broke Florida precedent and maybe the law, too, in making congressional map

ProPublica/Miami Herald: DeSantis broke Florida precedent and maybe the law, too, in making congressional map

The court’s decision in Rucho v. Common Cause barred federal court challenges to partisan gerrymanders. Writing for the 5-4 majority, Chief Justice John Roberts said it was not an issue for the federal judiciary to decide, but emphasized the ruling did not “condemn complaints about districting to echo into a void.” In fact, the issue was being actively addressed at the state level, Roberts wrote. He cited Florida’s amendment and one of Pariente’s opinions. Responding to liberal justices who wanted to reject Rucho’s map as an unconstitutional gerrymander, Roberts wrote they could not because “there is no ‘Fair Districts Amendment’ to the Federal Constitution.”

Florida Gov. Ron DeSantis was incensed. Late last year, the state’s Republican Legislature had drawn congressional maps that largely kept districts intact, leaving the GOP with only a modest electoral advantage.

DeSantis threw out the Legislature’s work and redrew Florida’s congressional districts, making them far more favorable to Republicans. The plan was so aggressive that the Republican-controlled Legislature balked and fought DeSantis for months. The governor overruled lawmakers and pushed his map through.

DeSantis’ office has publicly stressed that partisan considerations played no role and that partisan operatives were not involved in the new map.

A ProPublica examination of how that map was drawn — and who helped decide its new boundaries — reveals a much different origin story. The new details show that the governor’s office appears to have misled the public and the state Legislature and may also have violated Florida law.

DeSantis aides worked behind the scenes with an attorney who serves as the national GOP’s top redistricting lawyer and other consultants tied to the national party apparatus, according to records and interviews. …

It took years of litigation for the details of the scheme to come to light. But in 2015, the Florida Supreme Court responded with force. In a series of rulings that ultimately rejected the Republicans’ efforts, the court laid out the stringent new requirements under Fair Districts, making clear that partisan “practices that have been acceptable in the past” were now illegal in the state of Florida.

After ruling that the Legislature’s process was unconstitutional, the court threw out the Republicans’ congressional district lines and imposed a map of its own. That is how Lawson’s district came to be.

“It was important,” Pariente, who authored the key opinions, told ProPublica, “to make sure the amendment had teeth and was enforceable.”

The amendment took on even greater significance in 2019, when the U.S. Supreme Court issued a landmark ruling on redistricting.

The court’s decision in Rucho v. Common Cause barred federal court challenges to partisan gerrymanders. Writing for the 5-4 majority, Chief Justice John Roberts said it was not an issue for the federal judiciary to decide, but emphasized the ruling did not “condemn complaints about districting to echo into a void.”

In fact, the issue was being actively addressed at the state level, Roberts wrote. He cited Florida’s amendment and one of Pariente’s opinions. Responding to liberal justices who wanted to reject Rucho’s map as an unconstitutional gerrymander, Roberts wrote they could not because “there is no ‘Fair Districts Amendment’ to the Federal Constitution.”