U.S. District Judge Ursula Ungaro this morning rejected the lawsuit challenging one of Floridaās āFair Districtsā amendments.
The lawsuit was brought by Reps. Corrine Brown, D-Jacksonville, and Mario Diaz-Balart, R-Miami, the day after 63 percent of Florida voters approved Amendment 6 at the ballot box last fall. The lawsuit hinged on whether the U.S. Constitution bars Florida voters from restricting how the state Legislature chooses to redraw congressional district lines.
Supporters of Amendment 6 say the measure will prevent lawmakers from drawing congressional districts that protect incumbents and ensure one-party control. Stephen Cody, the attorney representing Brown and Diaz-Balart, told The Florida Independent that the U.S. Constitution grants ācomplete discretionā to the state Legislature when it comes to redistricting, and that Amendment 6 tampered with that authority.
But āAmendment VI does not supplant the Florida legislature,ā Ungaro argues in her ruling, which you can read in full below. āRather, it attaches a series of conditions, adopted in accordance with the state constitution, to eventual legislative action on redistricting.ā
āOnce the people of Florida act to limit the legislatureās options through a constitutional amendment, the new constitutional provision binds the legislature,ā she writes.
āSupreme Court case law, consistent with the original debate over the ElectionsĀ Clause, contradicts plaintiffsā and plaintiff-intervenorās various arguments thatĀ amendment VI is unconstitutional, and supports the defendantās and defendant intervenorsā claim that Amendment VI is a valid regulation of the legislative process,ā Ungaro concludes.
That doesnāt mean, however, that this case is over. Before todayās hearing, Cody told the Independent that however, the judge rules, āsomeone will appeal.ā
Update:
Brown and Diaz-Balart will indeed appeal to Ungaroās decision. āI am disappointed,ā Brown told the Associated Press. āWhen you are disappointed, what do you do? You go on to take the next step, and thatās what weāre going to do.ā