In a sign that Ohio isn't completely ruled by Republicans in perpetuity, the Ohio Supreme Court tossed the GOP's ridiculous two-thirds state House and state Senate supermajority maps as unconstitutional gerrymandering, and the deciding vote in the 4-3 decision was Republican Chief Justice Maureen O'Connor.
The Ohio Supreme Court struck down GOP-drawn state House and Senate district maps as unconstitutional gerrymandering in a 4-3 decision Wednesday, sending the maps back to the drawing board.
Advocates of redistricting reform hailed the decision as a resounding victory for Ohio voters who overwhelmingly approved changes to the state constitution to limit partisan line-drawing in 2015.
“This ruling sends a clear message to lawmakers in Ohio: they may not put politics over people," said attorney Freda Levenson, legal director for the American Civil Liberties Union of Ohio, who argued for opponents of the maps.
The Ohio Supreme Court ruled that the Ohio Redistricting Commission – which is tasked with drawing legislative maps and dominated by Republicans – could not ignore parts of the Ohio Constitution that required them to attempt to match the statewide voting preferences of voters, according to the court's majority opinion, written by Justice Melody Stewart.
Those preferences, according to Stewart's opinion, were 54% for Republican candidates and 46% for Democratic candidates over the past decade.
“The commission is required to attempt to draw a plan in which the statewide proportion of Republican-leaning districts to Democratic-leaning districts closely corresponds to those percentages,” Stewart wrote. “Section 6 speaks not of desire but of direction: the commission shall attempt to achieve the standards of that section."
Stewart rejected the argument from commission members Senate President Matt Huffman and House Speaker Bob Cupp that the language was "aspirational" and required only if other, more technical, line-drawing requirements weren't met.
"We reject the notion that Ohio voters rallied so strongly behind an anti-gerrymandering amendment to the Ohio Constitution yet believed at the time that the amendment was toothless," Stewart wrote.
The commission must now get to work. The new plan must be adopted within 10 days, and the Ohio Supreme Court retains its authority to review any rewrites.
Feb. 2 is the current deadline to file paperwork to run for the Ohio Legislature. State lawmakers could change that filing date without moving the May 3 primary.
Chief Justice Maureen O'Connor was the key vote, breaking with her party to rule against the maps. O'Connor, a Republican, joined the court's three Democratic justices and the three GOP justices dissented.
O’Connor, who has served in statewide office for 24 years, suggested an alternative to the commission, which she called out for its partisanship.
“Having now seen firsthand that the current Ohio Redistricting Commission – comprised of statewide elected officials and partisan legislators – is seemingly unwilling to put aside partisan concerns as directed by the people’s vote, Ohioans may opt to pursue further constitutional amendment to replace the current commission with a truly independent, nonpartisan commission that more effectively distances the redistricting process from partisan politics,” O'Connor wrote in a concurring opinion.
On Sept. 16, Republicans on the Ohio Redistricting Commission approved maps that would allow the GOP to retain its veto-proof majority in the state Legislature over the objections of the commission's two Democrats.
According to Huffman, R-Lima, the maps could give Republicans a 62-37 advantage in the House and 23-10 advantage in the Senate.
In other words, Republicans set up the Ohio Redistricting Commission to fail. The Ohio Supreme Court didn't fall for it. Now the commission has to come up with better maps.
It's a pretty huge victory.
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