The Florida Supreme Court has allowed new U.S. House districts drawn by Republicans to be used in the midterm elections, marking another victory for the GOP in a nationwide redistricting effort aimed at helping the party retain its slim House majority.
The court on Wednesday refused a request to issue a temporary injunction against the new districts. Attorneys for voters who sued argued that the new House districts violate a state constitutional provision
prohibiting partisan gerrymandering, and that the court should order the state to continue using the same districts as in the previous election.
Republicans already hold 20 of Florida’s 28 U.S. House seats. The new voting districts signed into law by Republican Gov. Ron DeSantis after a swift two-day special legislative session could improve the GOP’s chances to win four additional seats this year.
Opponents had cited a 2010 voter-approved amendment prohibiting congressional districts intended to favor or disfavor a political party or incumbents.
Florida is one of several Republican-led states that have undertaken mid-decade redistricting as part of President Donald Trump’s plan to try to hold on to a slim House majority in November by reshaping voting district boundaries to the GOP’s advantage.
Florida’s legislature approved the new House map on April 29 — the same day the U.S. Supreme Court weakened federal Voting Rights Act protections for minorities while striking down a majority-Black congressional district in Louisiana. Since then, several Southern states have taken steps to try to eliminate minority districts that have elected Democrats.
DeSantis had called lawmakers into a special session before the high court’s ruling, but he had anticipated the eventual outcome. DeSantis’ office asserted that no racial data was used for the map he presented to the Legislature. The new map, among other things, redraws a southeastern Florida district that DeSantis’ office said was created to help elect a Black representative in an attempt to comply with the federal Voting Rights Act.
In addition to barring partisan gerrymandering, Florida’s constitution also prohibits districts from being drawn to deny or diminish the ability of racial or language minorities to elect the representatives of their choice. It further requires districts to be compact and, where feasible, use existing political and geographic boundaries.
In a memo to lawmakers, DeSantis’ General Counsel David Axelman asserted that the racial redistricting provision of Florida’s Fair Districts Amendment violates the U.S. Constitution. If one element is invalid, Axelman wrote, then the entire 2010 amendment is void, including provisions barring partisan gerrymandering.
Attorneys representing state officials made similar arguments to the Florida Supreme Court, after a lower court judge last month declined to issue a preliminary injunction against the new map. They also argued it was too late in the election season to revert to the previous maps.
In a filing with the Florida Supreme Court, attorneys representing state officials said the new map was “cause for celebration” during America’s 250th anniversary. “Perhaps for the first time in Florida’s history, the State has a truly colorblind map; a map that refuses to assault the dignity of men and women by color-coding them,” their court filing said.
Attorneys who sued on behalf of voters argued the new districts were crafted with political favoritism. They argued in documents filed with the state Supreme Court that the new congressional districts are “among the most extreme partisan gerrymanders enacted in any state over the past half-century.”
Under the new House map, 82% of voters in districts represented by Republicans remain in the same districts as under the previous map, said attorney Chris Shenton, who represented Common Cause and other groups challenging the map. Just 41% of voters in districts represented by Democrats are kept in their same districts, he said.
