The State Of The Buckeye State

Ohio's state Supreme Court has, for the fourth time now, knocked down the GOP's gerrymandered redistricting maps as unconstitutional. The 2022 maps have already been decreed by Trump federal judges and the state's 2022 elections for the US House at least will take place using unconstitutional maps. However, the fight will go on to 2024.

The Ohio Supreme Court struck down the state's Republican-drawn congressional map Tuesday, ruling that districts used in the May primary violate anti-gerrymandering rules in the state Constitution.

In a 4-3 decision, the Supreme Court rejected Ohio's 15-district congressional map and ordered Ohio lawmakers to redraw a new one for the 2024 elections within 30 days. If they can't, the Ohio Redistricting Commission will have 30 days to adopt a congressional map.

The map struck down by the Ohio Supreme Court will be used in the November elections, however, because candidates were selected in the May primary using these districts.

That map guarantees Democrats two victories – Columbus' 3rd Congressional District represented by Rep. Joyce Beatty and Cleveland's 11th Congressional District represented by Rep. Shontel Brown. But Republicans are either assured wins or have a shot in the remaining 13.

"Clearly, we agree with the Ohio Supreme Court that this second congressional map is gerrymandered beyond a reasonable doubt," said Jen Miller, executive director of the League of Women Voters of Ohio. "It’s our hope that the Ohio mapmakers will heed court orders and deliver congressional districts that truly serve voters."

The Ohio Supreme Court's majority ruled that the map was slightly more favorable to Democrats than one rejected earlier this year. Three Republican justices dissented, writing that both maps met Ohio's constitutional standards.

"The majority clearly has a number of Democrat congressional seats in mind, and any plan that does not result in that number will be deemed unconstitutional and therefore invalid," wrote Justices Sharon Kennedy and Pat DeWine, both Republicans. The former is running for chief justice against Democratic Justice Jennifer Brunner this November.
No end run around anti-gerrymandering language

Before approving this map, Senate President Matt Huffman, R-Lima, argued that the Ohio Redistricting Commission didn't need to abide by voter-approved rules that prevent maps from unduly favoring one party. The court, ultimately, disagreed.

"No constitutional language suggests that the voters who approved Article XIX intended to allow the prohibitions against partisan favoritism and unduly splitting governmental units to be avoided so easily," according to the majority's opinion, which did not list a specific author.

However, Kennedy and DeWine pointed out in their dissent that "there is nothing in the Constitution that precludes map makers from seeking to maximize competitive districts, and such a goal does not cause undue favoritism."

Ohio's unconstitutional congressional map creates a toss-up district for Democratic Rep. Marcy Kaptur, Congress' longest-serving female lawmaker. In November, Kaptur faces Republican newcomer J.R. Majewski, who won former President Donald Trump's endorsement after painting his lawn with a giant Trump banner.

 

So there's a very good chance that Republicans will take 12 of 15 House seats, if not 13, with barely 50% of the popular vote.  The state legislature will continue to be a supermajority with about the same 50% vote, garnering 65% of state House and 75% of state Senate seats.

And at least this year, they get away with it, as I've been telling you that they would ever since this whole redistricting scheme came up.