U.S. District Judge Ursula Ungaro this morning rejected the lawsuit challenging one of Florida’s ā€œFair 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 ā€œcomplete discretionā€ to the state Legislature when it comes to redistricting, and that Amendment 6 tampered with that authority.

But ā€œAmendment VI does not supplant the Florida legislature,ā€ Ungaro argues in her ruling, which you can read in full below. ā€œRather, it attaches a series of conditions, adopted in accordance with the state constitution, to eventual legislative action on redistricting.ā€

ā€œOnce the people of Florida act to limit the legislature’s options through a constitutional amendment, the new constitutional provision binds the legislature,ā€ she writes.

ā€œSupreme Court case law, consistent with the original debate over the ElectionsĀ Clause, contradicts plaintiffs’ and plaintiff-intervenor’s various arguments thatĀ amendment VI is unconstitutional, and supports the defendant’s and defendant intervenors’ claim that Amendment VI is a valid regulation of the legislative process,ā€ Ungaro concludes.

That doesn’t mean, however, that this case is over. Before today’s hearing, Cody told the Independent that however, the judge rules, ā€œsomeone will appeal.ā€

Update:

Brown and Diaz-Balart will indeed appeal to Ungaro’s decision. ā€I am disappointed,ā€ Brown told the Associated Press. ā€œWhen you are disappointed, what do you do? You go on to take the next step, and that’s what we’re going to do.ā€

Judgement in anti-Fair Districts lawsuit –

0 Shares:
You May Also Like

Lawmakers drawing districts warned to keep quiet

As the Florida House prepared to hold its first redistricting meetings, Democratic leader Ron Saunders warned members of his caucus that lawsuits are coming, so silence is golden, because any opinion they expressed publicly could become evidence, according to the Orlando Sentinel. His comments recall remarks by GOP senators.