Temporary injunction ordered, final decision still pending in lawsuit against redistricting maps
MEMPHIS, Tenn. (WMC) - The Tennessee Senate is ordered back to the drawing board.
A temporary injunction placed against the Senate’s redistricted map says it must be fixed over the next two weeks.
Tennessee’s redistricted maps for congressional and state districts were passed in February, and quickly attracted a lawsuit claiming the redistricting was unconstitutional.
Now, three judges have ruled the plaintiffs in this lawsuit may have some ground for their claims and have temporarily blocked the Tennessee Senate redistricting from taking effect.
After every U.S. Census local lawmakers get to work adjusting districts. It was no different following the 2020 census, but the proposed maps for the Tennessee House of Representatives and Senate quickly drew opposition.
“There are constitutional parameters both in the Tennessee state constitution and the US constitution that put parameters around what can and cant be done during a redistricting,” Professor of Law at the University of Memphis Cecil C. Humphreys School of Law Daniel Kiel said. “If a court finds the legislature has gone outside those parameters then it’s fairly common for it to be struck down.”
The lawsuit filed by three constituents named Governor Bill Lee as one defendant.
The lawsuit claims both the Senate and House maps break redistricting laws. The three judges found there’s a chance the Senate map does break a law by not consecutively numbering three Senate districts in Davidson County.
“It’s actually important because even number districts and odd number districts come up for election at staggered times,” Kiel said. “So, the consecutive numbering requirements ensures in a particular county that has multiple Senate districts they won’t all come up at the same time.”
The judges have placed a temporary injunction on the Senate map, but it’s not the final decision on the Senate’s map or the House map. This lawsuit is still ongoing.
The Tennessee Democratic Party calls is a significant victory saying:
“We have said from the very beginning that the Republican drawn maps in Tennessee weren’t just gerrymandered but are absolutely illegal. This is a significant victory in an ongoing fight for fair representation in our state. This fight is far from over as we still await the results of challenges to the Tennessee State House map. The plaintiffs and attorneys in this case have shown an unwavering commitment to making sure that every Tennessee voter gets to choose their representatives, not the other way around.”
The judges say the Senate has 15 days to fix the map, and if it’s not fixed the court will impose an interim map for the upcoming State Senate elections. The Primary is in August
The judges also moved the deadline to file to run for one of the senatorial races from April 7 to May 5.
Senate leadership said they plan to start reevaluating the map. Lt. Gov. Randy McNally’s Office said:
“Lt. Governor McNally firmly disagrees with the court’s ruling and supports the attorney general’s decision to appeal. The Senate’s map was fair, legal and vetted by multiple attorneys. While Lt. Governor McNally remains confident the appeal will be successful, the Senate will start work on an alternative map so that it can be passed in the allotted timeframe, if it becomes necessary.”
McNally’s office says State Attorney General Herbert Slatery plans to appeal the decision.
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