NY-11: Republicans File Emergency Appeal to SCOTUS to Stop Partisan Gerrymander

NEW YORK CITY — Attorneys for Representative Nicole Malliotakis and the New York State Republican Elections Commissioner have filed emergency appeals to the United States Supreme Court seeking to stay the decision of the Manhattan Supreme Court in the NY-11 redistricting matter.

The filings demonstrate that the Supreme Court decision made by Justice Pearlman is contrary to both the state and federal constitutions and seeks to create a racially motived gerrymander of NY-11. The parties have filed appeals to the New York State Court of Appeals and the Appellate Division, First Department. Due to the impending start of the election process on February 24, Republican petitioners could no longer wait for a final decision on a stay by the First Department of the Manhattan Supreme Court.

The filings are available HERE and HERE.

NYGOP Chair Ed Cox released the following statement:

“The decision by Justice Pearlman prevents any congressional election in the entire State of New York and will result in extreme disruption of the election process in our state. The decision is flawed on many bases, as the submissions to the Supreme Court of the United States make clear.

“Governor Hochul and Democratic legislative leaders’ actions in this case are outrageous. Governor Hochul and the legislature, on a bipartisan basis, enacted the current congressional map in 2024 by wide margins. That plan did not change the outlines of NY-11 by a single person, leaving in place the district created by the special master in 2022. NY-11 has existed as a Staten Island/Southern Brooklyn district since 1982 and is compact, reflects communities of interest, and is politically competitive.

“The nakedly partisan decision by Justice Pearlman would impose a racial gerrymander, contrary to U.S. Supreme Court precedent. The case was brought by extreme Democratic partisans and is an insult to the voters of NY-11.

“Governor Hochul and Attorney General Letitia James have failed to act in the best interests of the law and the people of New York State. Such extreme and unproductive partisanship has characterized their time in office.”