The Pennsylvania Supreme Court took over the redistricting process from a lower court Wednesday and will decide how the state’s congressional districts will be drawn following a clash between the governor and the Legislature.
The 5-3 Republican-controlled state Commonwealth Court planned to select from 13 different maps this week, but the state’s Supreme Court, which has a 5-2 Democratic majority, used its “extraordinary jurisdiction” power to take over the process.
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“While the Commonwealth Court has acted expeditiously to address this matter, the threat of any appeal period from the Commonwealth Court decision to this Court reduces the scant days available for this Court to obtain briefs, study this complex and important matter, and render a decision,” Chief Justice Max Baer wrote in a statement. “In consideration of the many deadlines and the need for speedy resolution of this matter for the benefit of potential candidates and voters, I am compelled to join the grant of extraordinary jurisdiction.”
Commonwealth Court Judge Patricia McCullough, a Republican, previously took up the case and requested the parties to submit maps for consideration, the Philadelphia Inquirer reported. She received 13.
Democratic lawyer Marc Elias filed a request Sunday for the state Supreme Court to take over the process. The court’s ruling came down along party lines, with the two Republican justices dissenting.
The ruling Wednesday allows for McCullough to make a recommendation to the state Supreme Court by Feb. 7, for parties to object to her recommendation by Feb. 14, and for oral arguments to take place Feb. 18.
Baer noted the state’s primary election is May 17, arguing that if the Commonwealth Court made a decision, the appeal process could take too long and might not be completed before the primary election.
McCullough previously gave former President Donald Trump a small legal victory when she ordered a pause on the state’s election certification process, the Pennsylvania Capitol-Star reported. The state’s Supreme Court ultimately overturned her decision.
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The standard redistricting process in the state typically occurs through the legislative process, but last week, Democratic Gov. Tom Wolf vetoed a congressional map sent to him by the Republican-led Legislature. Wolf argued the map was unfair, sending the matter to court.
Signature collection to be on the May primary ballot will begin on Feb. 15. There will be 17 congressional seats in Pennsylvania, down from 18 due to the results of the census.
