Slow movement in state, federal court leaves uncertainty looming over Florida’s congressional map

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The Florida Supreme Court won’t hear a challenge to the state’s congressional map soon enough to impact this election cycle. But a ruling could still come down any day in a federal challenge to the map.

That leaves uncertainty looming over Florida’s federal elections weeks before candidate fields should be set. But with every court delay, it appears less likely that cartography will shift before April 26, the qualification deadline for federal candidates to appear on Florida ballots. That has Democrats, who a few months ago felt confident change could be on the way, lobbing complaints.

“We’re left with these maps that have people underrepresented or not represented at all and it’s not fair,” said House Democratic Leader Fentrice Driskell in a livestream on X. “And it’s not right for democracy.”

The Florida Supreme Court on Monday denied a request from plaintiffs to hold oral arguments in April on a challenge to the map in state courts. The high court has accepted jurisdiction and will hear the case but won’t rush the matter.

Plaintiffs for Black Voters Matter Capacity Building Institute and other minority advocacy groups asked the court on Feb. 1 to accelerate the case, based on the impending election. Florida already went through one election cycle on a map designed and signed by Gov. Ron DeSantis.

Those challenging the map say it wrongly diminished the voting power of Black communities to elect a Congressperson of their choice, which would violate the Fair Districts amendment to the state constitution approved by voters in 2010. Plaintiffs have focused on the dismantling of a North Florida district previously represented by former U.S. Rep. Al Lawson, a Black Democrat. The map left Florida with only majority White (and majority Republican) districts.

The Florida 1st District Court of Appeal in December upheld the constitutionality of DeSantis’ map. That appellate decision reversed a September ruling by Leon Circuit Judge Lee Marsh, who agreed with plaintiffs and demanded a redraw of the map.

Both attorneys for the plaintiff and the state asked the appellate court to pass the case through directly to the Florida Supreme Court, but when appellate court Judges heard the case instead, it greatly reduced the chance the matter would be settled in time for the Legislature to redraw maps if necessary.

But there’s still a chance federal courts can give a clear answer before the federal qualifying deadline. A three-Judge panel held a trial last September. Federal Judges at the time hinted a verdict could be reached before the end of 2023, but that didn’t happen.

The only filings in court since the start of the year have been updates on the state of the case before the Florida Supreme Court.

The federal court could hand down the ruling at any point. A ruling against the state based on federal law would require a finding of intentional racial discrimination in crafting the map. Attorneys for the state argue that case has not been made.

“After a two-week trial, Plaintiffs have failed to marshal the necessary evidence to overcome the presumption of good faith to which the Enacted Map is entitled,” wrote attorney Mohammad Jazil on behalf of Florida in a federal filing.

“There’s also no evidence of racial animus. Far from it. The map drawer from the Governor’s Office, J. Alex Kelly, drew the congressional districts at issue with compactness and adherence to geographic and political boundaries as his guideposts.”

If Judges strike down the map, they could order the Legislature to create a new map and it could be put in place in time to reshape the 2024 election cycle.

But even if that happened, a higher federal appellate court or the U.S. Supreme Court could still issue a stay on any ruling.