A Pennsylvania state representative has introduced a resolution to impeach state Supreme Court Justices who voted redraw Pennsylvania’s congressional district map over the objections of Republicans in the state legislature. The new map is largely seen as a boon to Democrats.
The Pennsylvania Supreme Court ruled in January that the State’s map had to be redrawn because it heavily favored Republicans. Pennsylvania’s congressional map is considered one of the most gerrymandered in the country. The Court gave lawmakers until February 9 to submit a new map to Governor Tom Wolf, who is a Democrat.
Republican lawmakers asked the U.S. Supreme Court to give them more time in redrawing the districts. They also challenged the lower court’s decision that the Republican-drawn districts were unconstitutional.
The request to stay the lower court’s decision went before Supreme Court Justice Samuel Alito who oversees the 3rd circuit, which includes Pennsylvania. Alito rejected the request without referring it to the whole Court last month.
Republicans once again appealed to the U.S. Supreme Court, this time on the grounds that the Pennsylvania Court lacked the authority to redraw congressional districts map. They argued that was an authority granted only to state legislatures and governors.
The U.S. Supreme Court declined to issue an injunction on those grounds this week. It issued a one sentence response: “The application for stay presented to Justice Alito and by him referred to the Court is denied.” There were no dissents.
President Trump had urged PA Republicans to take the fight to the U.S. Supreme Court. “Hope Republicans in the Great State of Pennsylvania challenge the new ‘pushed’ Congressional Map, all the way to the Supreme Court, if necessary,” he tweeted last week. “Your Original was correct! Don’t let the Dems take elections away from you so that they can raise taxes & waste money!”
Legal experts believed that the path for Pennsylvania Republicans through the U.S. Supreme Court was a long shot though, considering the High Court usually sees cases like these as state issues. The new map is considered by many to be giving Democrats the potential to pick up two congressional seats over the old one.
State Representative Cris Dush introduced a resolution yesterday impeaching four of the five justices that struck the old congressional map down. A resolution impeaching the fifth justice was pending introduction.
In a memo sent to colleagues asking them to co-sponsor his measure, Dush characterized the action as judicial overreach and therefore, unconstitutional under the Pennsylvania state law.
Their order, Dush writes, “overrides the express legislative and executive authority, found in Article IV, Section 15 of the Pennsylvania Constitution, concerning the Governor’s veto authority and the General Assembly’s subsequent authority to override such veto. Article IV, Section 15 clearly lays out the path a bill must take to become a law.”
“The five justices who signed this order that blatantly and clearly contradicts the plain language of the Pennsylvania Constitution, engaged in misbehavior in office. Wherefore, each is guilty of an impeachable offense warranting removal from office and disqualification to hold any office or trust or profit under this Commonwealth. I would ask you to please join me in co-sponsoring this legislation,” he added.
Democrats have a 5-2 majority on the Pennsylvania Supreme Court, but Republicans enjoy large majorities in both bodies of the legislature. They control 120 of 203 seats in the state House of Representatives and thirty-four of fifty seats in the state Senate.
Under Pennsylvania law, the House has the power to impeach Supreme Court Justices with a majority vote. Removing justices takes a two-thirds vote in the Senate, of which Republicans have the requisite number of votes.