When Florida voters in 2010 passed a constitutional amendment setting rules for congressional redistricting, they barred drawing districts that would “diminish” the ability of minorities to “elect representatives of their choice.”
Now, more than a decade later, Gov. Ron DeSantis’ administration and the Legislature are trying to fend off a lawsuit by arguing the U.S. Constitution trumps that part of the state amendment.
A Leon County circuit judge will hold a hearing next week on whether attorneys for Secretary of State Cord Byrd and the Legislature should be able to make the argument in a lawsuit challenging a redistricting plan that DeSantis pushed through last year.
The lawsuit, filed by a coalition of voting-rights groups and individual plaintiffs, focuses heavily on Congressional District 5, which in the past sprawled across North Florida and helped elect Black Democrat Al Lawson. But under the DeSantis-backed plan that lawmakers passed in April 2022, the district was dramatically redrawn — ultimately leading to white Republicans winning all North Florida congressional seats in November.
The lawsuit alleges, in part, that the plan violates the 2010 “Fair Districts” constitutional amendment because it diminishes the voting power of Black residents in North Florida.
But attorneys for the state contend that applying the Fair Districts amendment’s so-called “non-diminishment” standard to Congressional District 5 would violate the Equal Protection Clause of the U.S. Constitution. That mirrors a DeSantis administration position last year that the Equal Protection Clause prevented the Legislature from using race as a “predominant factor” in drawing the district.
“When applying the (Fair Districts) provision in North Florida to draw an east-west, minority-performing congressional district, or any other minority-performing district, race inherently predominates,” attorneys for Byrd wrote in a Feb. 27 court document. “Drawing congressional districts in this manner is not narrowly tailored to achieve a compelling state interest.”
But in the lawsuit, the plaintiffs’ attorneys blasted arguments by DeSantis, who vetoed an initial congressional redistricting plan last year. The Republican-controlled Legislature then passed the DeSantis-backed plan.
“Both Gov. DeSantis and the Legislature well knew that dismantling CD-5 would diminish the voting power of Black residents within North Florida and violate the plain command of the Florida Constitution,” the attorneys wrote in a revised version of the lawsuit filed Feb. 8. “From the beginning, Gov. DeSantis publicly stated that he would not accept any congressional plan that contained a configuration of CD-5 that protected Black voters in North Florida from diminishment.”
The June 5 hearing before Leon County Circuit Judge J. Lee Marsh will not directly address the constitutional issues. Instead, it will focus on a legal question about whether Byrd and the Legislature should be able to argue that the disputed portion of the Fair Districts amendment is invalid under the U.S. Constitution.
The plaintiffs’ attorneys contend that a legal concept known as the “public official standing doctrine” prevents Byrd and the Legislature from challenging the constitutionality of a legal “duty.”
“To be sure, the House and Senate may believe that the means by which the Florida Constitution assigns the duty to redistrict are unconstitutional, but that is a question squarely for the judiciary — not the Legislature — to decide in the first instance,” the plaintiffs’ attorneys wrote in an April 14 filing. “To allow the House and Senate to defend their actions by asserting that they have decided that portions of the Florida Constitution are unconstitutional would be to grant the Legislature the power to cherry-pick which constitutional provisions it will follow.”
But attorneys for the House and Senate disputed such arguments.
“Plaintiffs’ motion turns the public official standing doctrine on its head by seeking to prohibit the Legislature from defending the constitutionality of Florida’s legislation adopting congressional districts against a constitutional challenge brought by the plaintiffs,” House and Senate attorneys wrote in a May 5 document.
–Jim Saunders, News Service of Florida
Atwp says
The white spoiled brat. Desantis.
Jackson1955 says
Let’s hope that enough Voters are smart enough to Vote for Pres. Biden and Democrats for every office on the Ballot.
DeSantis is a horrible combination of smart and evil. His goal is to make the USA into an authoritarian Nation. Florida is a disturbing example of what DeSantis is capable of accomplishing in a short time. Will Florida ever be free again?
DeSantis is a fraud. That’s what we have to respond to all stories exposing him as a full zero.
Deborah Coffey says
“I will be able to destroy leftism in this country and leave woke ideology in the dustbin of history,” the Florida governor told Fox News. Is that like “I will be able to destroy all those Jews that caused us to lose the war and put them in the dustbin of history?” Apparently, there is NO LIMIT to this maniac’s lust for total power.
And, what is “leftism?” Caring about the unfortunate? Wanting a living wage and healthcare for all people? Desiring TRUTH at all times and really meaning it when leftists say “justice for ALL?” Loving our neighbors as ourselves? Developing a fair taxing system? Providing quality public education to ensure “wokeness?” Believing “thou shall not kill?” Giving to Ceasar that which is Ceasar’s and to God what is God’s?
It would really be a horror show if Ron DeSantis actually did destroy leftism and wokeness. Is he simply PRETENDING to be a Christian?
For Real says
Cheating at voting that is the the cult party is doing to get elected, CHEATNG TO FIT THEIR NEEDS.
Joe D says
Our current Governor truly IS a HORROR SHOW….no surprise he’s ignoring Florida Constitutional Law At WILL!
His current motto seems to be “If the law doesn’t allow me to do what I WANT, I’ll simple have the legislature CHANGE the law to allow me to do what I want.”
When he illegally used funds that were set aside for Florida immigrant assistance to fly TEXAS asylum seeker (first to Florida by secretly paid private charter), then to New York…..within MONTHS, he had the RUBBER STAMP Florida legislature CHANGE the law allowing his misuse of Florida taxpayer funds.
Unfortunately for him ( and fortunately for the Citizens of Florida), he just can’t CHANGE the FLORIDA CONSTITUTION on a WHIM…..YET!
Each day, I just think his outrageous behavior can’t get any WORSE…and each time, I’m WRONG!
Mary Jane says
DeathSantis is arrogant, obnoxious, shoving all his religious beliefs into his political career and destroying the State of Florida in the process.
me says
He is not a christian, he is the biggest phony there is. He is another want to be dictator…….. If people can’t see through this guy shame on you. Not to mention is so afraid to attack Trump or even say his name after all we saw how he worshiped Trump when he was running for office. Remember his kid building the wall with blocks, the wall Donald never had Mexico to pay for. More BS handed to the American people. This arrogant individual is worse then Trump and I never thought there could be another one so willing to destroy our country and its democracy.
Michael Cocchiola says
If you are a citizen of color, DeSantis does want you to vote. If you are able to vote, he does not want your vote to count. He is a racist bigot.
What are you going to do about it?
Charles says
Don’t try to sell us that desantis is a christian when he now is descriminating what nationalities purchase property in florida. What about trumps russians friends who are buying properties in miami? Why not them also ron???????Why just chinese?????? Christians don’t discriminate any race, color or nationality.
“Why should I have to bring my U.S. passport to prove my worthiness when buying property when you guys don’t?” Peter Lai asked the Texas Senate Committee on State Affairs during a public hearing in March about SB 147, as Texas considered a bill barring certain immigrants from owning property. At the same hearing, Alice Yi, representing Asian Texans for Justice and the Asian American Leadership Council, explained to the committee: “It would put all people who look like me, any Asians, into a third-class citizenship, because we would have to prove our current immigration status and where we come from when we want to purchase any land or a house.” When a similar bill was debated in the Florida legislature, eight-year-old Jia Jing Chen asked the Florida House State Affairs Committee during a public hearing in April: “Did Chinese people do something bad to Florida?”
YankeeExPat says
” The Mussolini of Tallahassee ”
Credit to Steve Schmidt, Former Republican strategist now a Democrat.
Deborah Coffey says
Me, too. He’s just awful. If “eyes are really the window to the soul,” we should have seen this coming.
Deborah Coffey says
Ditto!
The Geode says
He has MY “black vote”. Yes, I am one of those woefully ignorant and “uneducated” black people (what the pasty-white liberal whites call us) that dare vote against tradition and stereotypes.
tulip says
Now we know why the Desantis owned Florida court allowed him to remain governor while running for president. He gets to keep destroying Florida while waiting to turn USA into Florida. If he doesn’t win, he at least gets to be a dictator for awhile longer in Florida. two of the most dangerous candidates are Desantis and Trump.
Laurel says
Geode: You are the one who is name calling here, exposing your true beliefs. That’s nothing to be proud of. Voting for DeSantis is very much voting against your own best interests, not tradition and stereotypes.
Neither DeSantis nor Trump are Christians or conservatives. They are both very dangerous men.
We need both people on the left and people on the right, expressing their differences and coming to agreements for balance. Both DeSantis and Trump are tearing into our constitutions, state and federal, for their own personal gain, not for yours or mine. DeSantis is spending your money and my money (as did Trump) to fight these constitutions, and convince us that half of Americans are the enemy. Please see that.
Sherry says
@geode. . . WOW! Where did this anger come from? Why in the world do you believe that “pasty-white liberals” call black people ” woefully ignorant and uneducated”? Do you realize how racist that sounds? Are you merely voting for fascist, racist monsters as angry retaliation. . . against your own self interest?
Yes, I too am very disappointed that the Democrats have not been able to completely STOP the terrible systemic racism against all those with non-white skin. But, why is it that you do not realize that generally it is the Republicans who are the “White Supremacist” ? Why? Why? Why? Would any black person vote Republican?
Sherry says
@geode Take a good read:
https://thehill.com/opinion/campaign/3497052-republican-officials-keep-stoking-white-supremacist-tropes-and-were-reaping-the-result/
Laurel says
Geode: I hope you are still here as I saw a great interview on Firing Line last night (Friday, June 3rd) with a black conservative, Glenn Loury, that I think you will enjoy. https://www.youtube.com/watch?v=mK4yIZQ_HXI. Both my husband and I thought it was great. Check it out.
Jane says
DeSatan makes me cringe