Quote'Fair Districts' case might move Corrine Brown's seat north, shift dates for next elections
Corrine Brown, Democratic candidate for U.S. House District 3. Photo from her website and official House photo
Photo from her website and official House photo
Corrine Brown, Democratic candidate for U.S. House District 3.
By Steve Patterson
U.S. Rep. Corrine Brown's winding district between Jacksonville and Orlando could shift west and run past Tallahassee once a judge rules this week on steps to make it meet state constitutional requirements.
But when someone might be elected from the new district is anybody's guess, as Circuit Judge Terry Lewis in Tallahassee mulls changes that could upset political kingdoms of both parties.
"It's going to take it forever to work its way through the courts," said John Libby, a Jacksonville-based political consultant who has watched boundary feuds almost since Brown's solidly Democratic district was created in the 1990s.
Lewis ruled this month that Brown's 5th Congressional District and one other in Central Florida are invalid because minority voters were unconstitutionally lumped together, practically guaranteeing some districts that will go Democrat and others that will go Republican.
The hard question has been how to undo that with only weeks to go before primary elections based on illegal districts that affect all the districts around them.
"Maybe you have three, four, five, maybe a half a dozen districts that would have to have new elections," Lewis said last week, during a hearing where lawyers argued about whether it was reasonable to have anyone elected from new districts before 2016.
Lewis is expected to rule by Friday on whether the districts can be changed before this year's elections, but that ruling could also involve appointing a panel or commission to draw a new set of boundaries and coming back later for follow-up elections in the new districts.
Two casts of plaintiffs — separate lawsuits were merged — both suggested turning District 5 into a linear district starting in Jacksonville and hugging the state line from Baker County to Gadsden County, west of Tallahassee.
That would also force changes in Districts 3 and 4, represented by Republicans Ted Yoho and Ander Crenshaw. Baker County is today part of District 4, and parts of Columbia, Hamilton and Madison counties are within District 3.
Brown, whose 1992 election ended more than a century when no black Floridian was elected to Congress, has argued that her district's lines tie together minority voters who would be robbed of a political voice otherwise.
"I firmly believe that the lawsuit ... is, in reality, part of a bigger movement to diminish congressional districts represented by minorities across the nation," Brown said in written comments last week.
She said that undoing her district's current map "ignores one of the central principles of redistricting: maintaining communities of interest or minority-access districts."
After Lewis ruled her district was unconstitutional, Brown had spoken about hiring an attorney and intervening in the case. But her spokesman, David Simon, said Monday that Brown is not planning any steps to intervene, and that her remarks last week stand.
Boundaries that plaintiffs showed Lewis last week would create a voting-age population that's 45.1 percent black, according to court filings.
Aides to Yoho and Crenshaw said Tuesday they were not considering intervening and were content to let the state decide the district lines.
The lines suggested last week for District 5 would probably still be friendly ground for a black Democrat, but wouldn't be as solidly supportive as the area Brown represents now, said Matt Corrigan, a University of North Florida political scientist.
"I think it's a minority-access district. I think a minority has a good chance of getting elected there," said Corrigan, although representing that area would also mean handling a range of rural issues.
Corrigan said district changes overall could make some areas more competitive but won't radically change the First Coast's power balance.
Whether that happens anytime soon is still uncertain. Lewis said last week he would be researching what his options are for "post-election" solutions, such as scheduling special elections for areas that would be affected by boundary changes.
Steve Patterson: (904) 359-4263
Read more at Jacksonville.com: http://jacksonville.com/news/metro/2014-07-29/story/fair-districts-case-might-move-corrine-browns-seat-north-shift-dates#ixzz38zbuEXkS
QuoteFlorida judge orders special session to redraw congressional map
congressional-district-map-2012
TALLAHASSEE --
A judge in Tallahassee has ordered Florida legislators to hold a special session to draw up a new congressional map, and the new districts must be drawn in two weeks.
Circuit Judge Terry Lewis ruled Friday that the Florida Legislature must draw up new congressional districts by August 15.
Lewis said he will then order a special election later this year for those new districts.
Legislative leaders had wanted to keep in place the state's current districts ▼ until after the 2014 elections.
Lewis has already previously ruled the current districts are illegal because they were drawn to benefit the Republican Party.
Voters in 2010 passed the "Fair Districts" amendment that says legislators cannot draw up districts to favor incumbents or a political party.
"The way I see it, the court ruled in favor of Florida voters," said U.S. Sen. Bill Nelson (D-FL). "But, unfortunately, I expect the state might try to appeal to delay having to carry out the court's directive before the election."
What does the ruling mean?
"Absolutely going to be a logistical nightmare," said Chris Ingram (R), political analyst. "Not only is it going to be a nightmare, but probably at the end of the day very little in these maps is going to change that's going to affect the outcome of an election."
Political Analyst Ana Cruz (D) said the judge's timing is profound.
"Judge Lewis's ruling is telling the legislature you may be able to try and manipulate redistricting through the legislative process, but I'm not going to allow you to fool the voters in my courtroom."
Information from The Associated Press was used in this report.
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2014/8/1/fl_redistricting_maps.html?cmpid=breaking
Rep. Corrine Brown responds to judge's decision
http://www.news4jax.com/politics/rep-corrine-brown-responds-to-judges-decision/27268264 (http://www.news4jax.com/politics/rep-corrine-brown-responds-to-judges-decision/27268264)
QuoteComplete statement from U.S. Rep. Corrine Brown, D-Jacksonville: "Judge Lewis' ruling this morning to call the legislature back into session and force a redrawing of Florida's congressional maps with such a short timetable is certainly not in the best interests of Florida voters, and in reality, it is only the Governor who can call the Legislature back into session. Given the extremely poor history of our state with respect to voting and voting rights, dating all the way back to the days of President Rutherford Hayes, when African Americans were essentially precluded from political office, to more recently, with the dubious vote counting in the presidential elections of 2000, to the elections of 2012, when the state of Florida did not even complete counting ballots until after President Obama was declared the winner. Additionally, the maps in question before the judge were already approved in a bipartisan fashion in the state legislature, and were only approved after numerous statewide hearings on the maps, which allowed for input from all interested parties on the makeup of the district lines.
"In addition, as I have stated previously, I firmly believe that the lawsuit concerning the Florida congressional district maps is, in reality, part of a bigger movement to diminish congressional districts represented by minorities not just in Florida, but across the nation. If successful in the state of Florida, those behind this movement will continue to attack minority seats and minority voting rights in every state throughout the nation. As Dr. Susan MacManus, a political science professor at the University of South Florida has maintained, 'Lewis' next move will be closely watched beyond North-Central Florida.....(and) you're going to see a lot of similar efforts with Fair Districts amendments in other states' if this succeeds,' she concluded (Ocala Star-Banner, July 17, 2014). In the Florida redistricting case, it is particularly noteworthy that the main district that was targeted by the plaintiffs was Congressional District 5.
"I have explained previously, and still maintain that overturning the current District 5 map ignores one of the central principles of redistricting: maintaining communities of interest or minority access districts. In fact, the current District 5 map is essentially the same as the previous District (3), which was drawn by the courts and upheld by the U.S. Supreme Court, in adherence to the principles of the Voting Rights Act. Moreover, the reason why African Americans live in the areas in which they do in the first place is a direct result of historical redlining, clearly exemplified by living patterns both here in the state of Florida and easily visible in other states. In fact, after Emancipation and the Civil War, the Black population of northeastern Florida moved along the St. Johns River, which extends from Jacksonville to just north of Orlando. Because the land was prone to flooding, it was only natural that the poorest Floridians, including freed slaves, would settle there. Segregated housing patterns, demanded by restrictive covenants and enforced by Florida courts, kept the African-American population together well into the mid-20th Century, which is the central reason why these communities are segregated into those residential patterns across the state.
"Prior to the 1992 election, Florida had not had a federal African American representative since Josiah Thomas Walls, in 1871, a time span of 129 years. Nationally, prior to the passage of the Voting Rights Act in 1965, between the years of 1832-1965 (133 years), there were only 28 elected African Americans. From 1965-Present (49 years), there were/are 103 elected African Americans (four times as many, in nearly one-third the time span)."
For a country that is supposed to be color blind and judge by ones character, she sure does a lot of counting.
If I were the legislature I'd appeal that part of the judge's ruling. Unless the state constitution allows for the judicial branch to call a special legislative session and a special election he should not be ordering that. I do believe the district needs to be changed, but I also don't believe in screwing the voters over in a special election just for that district, turnout is going to suck for a special election in that district.
well at least her official statement is more cogent than her telephone rant was with Channel 4 when the ruling first came down a few weeks ago...she complained about the "activist judge"...interesting choice of words coming from a Democrat.
Back again:
http://www.news4jax.com/news/floridas-congressional-districts-rejected-as-gerrymandered/34073326
It's pretty insane:
(http://mediad.publicbroadcasting.net/p/wjct/files/styles/medium/public/201405/brown_district_5_05-22-14.PNG)
Hopefully she'll lose it.
they still have to make a minority safe district to comply with Federal Law.
Corrine will file suit in federal court and this thing will get a temporary stay until next year. Look for new boundaries in 2018, which will be slight, because then they have to redraw everything again only a couple years later consitutionally.
Quote from: fsquid on July 09, 2015, 03:07:20 PM
they still have to make a minority safe district to comply with Federal Law.
What defines "minority safe"
Quote from: stephendare on July 09, 2015, 04:59:12 PM
Quote from: spuwho on July 09, 2015, 04:54:08 PM
Quote from: fsquid on July 09, 2015, 03:07:20 PM
they still have to make a minority safe district to comply with Federal Law.
What defines "minority safe"
And actually, no they don't The Florida redistricting struggle originated because the Democratic Party refused to get serious about backing African American candidates for state office. They liked all the dependable votes, but they just wouldn't promote any actual candidates. This went on for decades, until Black leadership was completely taken for granted.
Corrine, Alcee Hastings and two other elected officials cut a deal with the Republicans to trade the Democratic Majority in the House for four 'guaranteed' minority representative districts.
Its the stake driven through the heart of the Florida Dems and the reason that they have too much infighting to be very effective.
This is accurate. It's a case where the Dems shot themselves in the foot and they're still paying the price for it. However, we've always had black and Hispanic representation in every election since, vs. effectively none before.
However, minority access districts are probably necessary to stay compliant with the Voting Rights Act. "Positive" gerrymandering that increases minority representation in Congress has been upheld in at least three Supreme Court cases, and federal law trumps state law. Corinne has always managed to keep her district before; she's not going anywhere now.
what he said
Quote from: Tacachale on July 09, 2015, 05:19:25 PM
However, minority access districts are probably necessary to stay compliant with the Voting Rights Act. "Positive" gerrymandering that increases minority representation in Congress has been upheld in at least three Supreme Court cases, and federal law trumps state law.
After the
Shelby County v. Holder decision, I wouldn't be so sure about this.
Quote from: finehoe on July 10, 2015, 09:48:16 AM
Quote from: Tacachale on July 09, 2015, 05:19:25 PM
However, minority access districts are probably necessary to stay compliant with the Voting Rights Act. "Positive" gerrymandering that increases minority representation in Congress has been upheld in at least three Supreme Court cases, and federal law trumps state law.
After the Shelby County v. Holder decision, I wouldn't be so sure about this.
I doubt it will have any effect.
Quote from: Tacachale on July 10, 2015, 11:13:25 AM
Quote from: finehoe on July 10, 2015, 09:48:16 AM
Quote from: Tacachale on July 09, 2015, 05:19:25 PM
However, minority access districts are probably necessary to stay compliant with the Voting Rights Act. "Positive" gerrymandering that increases minority representation in Congress has been upheld in at least three Supreme Court cases, and federal law trumps state law.
After the Shelby County v. Holder decision, I wouldn't be so sure about this.
I doubt it will have any effect.
My point was that the Voting Rights Act was upheld by the Supreme Court a number of times prior to
Shelby and then it wasn't. The Roberts Court is one of the most activist courts in history, so confidently saying that the Supremes have upheld something in the past doesn't mean they'll do it again.
If the Roberts Court was "activist" in the slightest it would have taken the logically pure approach and struck down ObamaCare instead of bending over backwards to defer to the political process. It was, in my opinion, a good brake on the out-of-control judicial activism that has been going on for years -- left, right & otherwise. Make the politicians do their job, and correct their mistakes. We aren't slaves to the federal or state Supreme Courts and they are *both* getting a little too big for their britches.
Corrine's meandering district, by the way, I do believe was initially drawn . . . by the Florida Supreme Court . . . as a crazy, meandering district.
Wasn't it?
So, now the accepted conventional wisdom is that rather than snake down the Saint Johns River the Jacksonville district will spread westward and likely eliminate Gwen Graham's district, put the Tallahassee area into two CDs -- one looking west to Pensacola and one east to Jacksonville. Okay.
I doubt if this "victory" is going to work out the way Democrats suspect.
We're probably going to lose an African American member of Congress in Florida and pick up a Puerto Rican member of Congress from the Orange County / Osceola County area. Hopefully, black people are paying attention. All I know for sure is that an angry Corrine is something to behold.
Quote from: RattlerGator on July 10, 2015, 12:39:07 PM
Corrine's meandering district, by the way, I do believe was initially drawn . . . by the Florida Supreme Court . . . as a crazy, meandering district.
Wasn't it?
No, it was done by the Florida Legislature after the 1990 U.S. Census.
Quote from: stephendare on July 10, 2015, 09:27:48 PM
Quote from: RattlerGator on July 10, 2015, 12:39:07 PM
If the Roberts Court was "activist" in the slightest it would have taken the logically pure approach and struck down ObamaCare instead of bending over backwards to defer to the political process. It was, in my opinion, a good brake on the out-of-control judicial activism that has been going on for years -- left, right & otherwise. Make the politicians do their job, and correct their mistakes. We aren't slaves to the federal or state Supreme Courts and they are *both* getting a little too big for their britches.
Corrine's meandering district, by the way, I do believe was initially drawn . . . by the Florida Supreme Court . . . as a crazy, meandering district.
Wasn't it?
So, now the accepted conventional wisdom is that rather than snake down the Saint Johns River the Jacksonville district will spread westward and likely eliminate Gwen Graham's district, put the Tallahassee area into two CDs -- one looking west to Pensacola and one east to Jacksonville. Okay.
I doubt if this "victory" is going to work out the way Democrats suspect.
We're probably going to lose an African American member of Congress in Florida and pick up a Puerto Rican member of Congress from the Orange County / Osceola County area. Hopefully, black people are paying attention. All I know for sure is that an angry Corrine is something to behold.
No, her district was drawn by the legislature as a method of creating several safe republican districts by importing significant portions of democrats from each of them into a single democratic supermajority district.
Yep, Republicans in alliance with minority Democrats disaffected by the lack of black and Hispanic representation under the Democrat purview. at the time. Go figure.