New York Court Clears Path for Redrawing Nicole Malliotakis’ Congressional District

State Appellate Court Backs Redistricting Decision

A mid-level New York state court in Albany has unanimously upheld a ruling that allows Democrats to redraw the congressional district currently represented by Republican Rep. Nicole Malliotakis. The decision, issued Thursday by five judges on the First Judicial Department’s appellate division, denied Republican requests for an appeal and ended a previously granted stay.

The appellate panel’s unanimous action means the New York redistricting commission must begin work on new congressional lines for Malliotakis’ district. The ruling follows a decision issued last month by State Supreme Court Justice Jeffrey Pearlman, who found that the current configuration of the district violates language in the New York Constitution that prohibits electoral maps that harm minority voting rights.

Lower Court Found Constitutional Violation in Current Map

Justice Jeffrey Pearlman concluded that the makeup of Rep. Malliotakis’ seat runs afoul of constitutional protections against maps that damage minority voting rights. In his decision last month, he directed the state’s redistricting commission to draw new district lines.

The existing district currently combines Staten Island with parts of Brooklyn and is described in the proceedings as a safe Republican seat. Under the ordered changes, the district would merge Staten Island and Lower Manhattan. The new configuration is described in the litigation as a potential toss-up district.

Republican Efforts in State Courts Face Procedural Limits

After Justice Pearlman’s ruling, Republicans quickly obtained a stay that halted the map-making process. The appellate division’s unanimous decision on Thursday ended that stay and rejected Republican efforts to secure an appeal within the state system.

GOP lawyer John Faso stated that an automatic appeal to New York’s highest court, the Court of Appeals, is available only when there are at least two dissenting justices. Because the appellate division’s ruling was unanimous, that procedural route is not available to Republicans. The calendar in the case notes the Feb. 24 start date for candidates to begin petitioning to run in this year’s elections.

Attention Shifts to the U.S. Supreme Court

With state judicial options constrained, Republicans have asked the U.S. Supreme Court to block the changes to New York’s congressional maps. Solicitor General John Sauer, arguing in favor of Supreme Court intervention, stated that the New York trial court ordered what he characterized as a racial gerrymander and asserted that the directive sought to replace a district where a candidate backed by white voters usually wins with one where a candidate backed by Black and Latino voters usually wins.

Sauer’s filing argues that, under the ordered changes, Black and Latino voters would remain a numerical minority in the district and that there is no race-neutral reason to configure a district where their preferred candidate would nonetheless prevail. He contrasted this case with recent emergency applications involving partisan gerrymanders in other states and emphasized that race is central to the New York dispute.

U.S. Supreme Court Justice Sonia Sotomayor has ordered Democratic attorneys to submit their response to the Republicans’ application by Thursday afternoon. The outcome of the federal proceeding will determine whether the redistricting commission’s work on new lines for Rep. Malliotakis’ district can proceed under the current state court rulings.