Liberals dislike ‘independent state legislature’ theory… outside of NY

The U.S. Supreme Court today ruled against the “independent state legislature” theory that would have removed court influence in redistricting and granted state legislatures the power to unilaterally draw new congressional district lines without judicial interference. In a 6-3 decision, the majority wrote that state legislatures cannot unilaterally decide redistricting and that the courts will continue to play a role. That includes here in New York, where Democrats in the state Legislature are attempting to redraw congressional lines established by a court-appointed expert.

In the grand scheme of things, the new SCOTUS decision does not change anything for legislative Democrats, who have appealed a lower state court decision that upheld the court-drawn maps. After a lengthy saga last year that ended in their maps getting tossed, Democrats have since been waging a battle to get a do-over for 2024. The new federal ruling, according to redistricting expert Jeffrey Wice, means the appeal can proceed as planned – perhaps to Democrats’ detriment. 

Although liberals have denounced the “independent state legislature” theory at the heart of the federal case, Democrats in New York’s Legislature may have benefited from an opposite court ruling. “Today's decision eliminates the threat of the state courts getting shut out of the congressional redistricting process,” Wice told City & State. Though specifics of a hypothetical decision are impossible to know, upholding the controversial theory could have given Democrats the green light to skip the appeal altogether and simply draw new maps if the court’s role became moot. Thanks to the actual SCOTUS decision, lawmakers will need to continue fighting in court, and risking an ultimate loss.