The Florida Supreme Court last week rebuffed Gov. Ron DeSantis on a redistricting question, declining to respond to a request for an advisory decision on whether the state constitution requires the retention of a Democrat-leaning congressional district.
The legislature’s efforts to draw up maps for the decennial redistricting process had been temporarily stalled as DeSantis and state officials awaited an answer from the state Supreme Court. A proposed congressional map released late Thursday by the Florida House of Representatives kept the borders of the fifth congressional district, which is represented by Democrat Al Lawson, relatively the same.
Florida Supreme Court advisory opinions that provide advice to the governor are traditionally limited to narrow questions of law, according to the court, but that wasn’t the case with DeSantis’ latest request.
“Here, the scope of the governor’s request is broad and contains multiple questions that implicate complex federal and state constitutional matters and precedents interpreting the Voting Rights Act of 1965,” the Feb. 10 opinion states.
Rendering an advisory opinion in this case could require historical statistical information that has not been provided by the governor, the court said. In addition, whatever redistricting maps are ultimately developed by the legislature and governor will likely be subject to judicial review in the future, the justices said.
An explanation of the Florida redistricting process provided to the Florida Record indicates that the Supreme Court would review the overall plan approved by the legislature, resulting in the legislature drawing up a new plan if the original one is disapproved by the court or the court drawing up its own maps in the event lawmakers fail to approve a new plan.
State Senate President Wilton Simpson (R-Trilby) seemed to be ready to resume the redistricting process in the wake of the court’s ruling.
““The decision to issue an advisory opinion belongs to the court and the court alone,” he told the Record in an email. “They decided not to issue an opinion, which is their right.”
Lawson said retaining the fifth congressional district in its current form would provide representation to African-American voters.
“I commend the Florida Supreme Court for making the right decision,” Lawson said in a prepared statement.