Capitol Confidential » State’s highest court upholds state Senate upsize

This morning, the state Court of Appeals unanimously ruled that the Senate Majority created a constitutionally permissible 63 district plan.

The Times-Union’s Jimmy Vielkind wrote

The ruling is a major blow to Democrats hoping to wrest control of the Senate from the GOP. Republicans were given a largely free hand in drawing district lines this year that Democrats and good-government groups say benefit incumbents and reinforce partisan advantage.

The Court writes:

“We find that petitioners have failed to satisfy their heavy burden of establishing the unconstitutionality of this legislation and we therefore affirm.”

“…It is not our task to address the wisdom of the methods employed by the Legislature in accomplishing their constitutional mandate.”

“Rather, here, we consider only whether the methods chosen amount to “a gross and deliberate violation of the plainintent of the Constitution and a disregard of its spirit and thepurpose for which express limitations are included therein.”

“…Therefore, despite petitioners’ assertions, we cannot say that consistent application of one method of calculation is required, given the Constitution’s silence on this issue and our recognition that the Legislature must be accorded a measure of discretion in these matters.”

via Capitol Confidential » State’s highest court upholds state Senate upsize.

Read more – Court of  Appeals: 63rd Senate Seat Constitutional


About SquarePegDem

A former state legislator turned NY Post editorial board member, thought-leader, public affairs consultant and commentator, columnist and blogger. Michael has appeared on Al Jazeera America Tonight, NY1/Inside City Hall, LIVE, YNN/Capital Tonight, The Brian Lehrer Show, The Fred Dicker Show, The Capitol Press Room, and The Daily Show. His op-eds have appeared in the NY Post, City and State, The Legislative Gazette, Bronx Times, The Troy Record, Buffalo News, and the Rochester Democrat and Chronicle. To schedule speaking engagements, email FOMB08@GMAIL.COM.
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