Republican lawmakers are calling the Pennsylvania Supreme Court decision ordering that the state Congressional maps be redrawn an “outrage” and the tight deadline “impossible.”
Pennsylvania Republicans are outraged and are planning to seek U.S. Supreme Court intervention on the state high court decision striking congressional maps. But it could be an uphill battle.
The Pennsylvania Supreme Court ruling is potentially the first final decision requiring a congressional map to be redrawn, but Republicans are calling the ruling “partisan” and the timeline to redraw the map “impossible” and want the nation’s highest court to weigh in.
“It’s very unlikely and highly unusual, this move, and I think it very unlikely to succeed,” says Kermit Roosevelt, who is a professor the University of Pennsylvania Law School and a former US Supreme Court Clerk.
He says because the ruling is based solely on the Pennsylvania Constitution and not on federal law, the doctrine of federalism gives the state high court the final word on the issue. However, Roosevelt says the the US Supreme Court could decide to take the case if Republicans prove that the Pennsylvania Constitutional requirements for maps somehow conflicts with the US Constitution or if the ruling by the state high court somehow interferes with actual conduct of the federal election.