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TALLAHASSEE, Florida – A judge’s decision that a new congressional map drawn by Florida Republican Gov. Ron DeSantis’s staff is unconstitutional has been appealed by the state.
The appeal on Thursday came hours after District Judge Lane Smith issued an order to prevent the use of the DeSantis card in the November election.
“Because this court found a violation of the Florida Constitution and that it has time to remedy the violation, this court must determine which remedy is appropriate,” Smith said in his order. “The Court finds that a narrow remedy – one that relates only to the reductions discussed in this order – is the most appropriate.
Smith ordered the use of a map drawn by a Harvard professor who testified about the plaintiffs, but the state’s complaint kept the DeSantis map in place. The case goes to the 1st District Court of Appeal.
Florida received the 28th Congressional District due to population growth over the past decade, which means Smith could not order the use of current cards while the trial continues.
The appeal comes as the state approaches the June 13-17 qualification period for federal service, and no matter what the appellate court decides, the card is likely to be taken to the state’s Supreme Court. DeSantis has appointed three of the seven current judges.
The card was challenged by several voting groups, which said it was unconstitutional because it was shattering an area of North Florida owned by Democrat Al Lawson, where blacks make up nearly 50 percent of the population. Smith agreed, saying the DeSantis card takes a county of 367,000 black voters and distributes them among four areas that would be predominantly white.
In an unprecedented move, DeSantis, a potential presidential candidate in 2024, intervened in the process by presenting his own card just before the Senate approved his card.
During the 60-day legislative session, which ended in March, the Senate ignored the governor’s card and the House approved two cards, a base card to try to reassure DeSantis, and a second if the first card is unconstitutional.
As the House discusses its proposal, DeSantis used Twitter to say he would be dead on arrival. The Senate later approved House of Representatives cards, and DeSantis kept his promise and vetoed the bill.
DeSantis said the Lawson area was ordered on the basis of race and said it violated the US Constitution. He said his card was race-neutral. The Lawson area stretches 200 miles (320 kilometers) from Jacksonville to Gadsden in an attempt to connect black communities.
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