New York City’s only Republican seat in the House of Representatives is facing a legal challenge as the district is being redrawn. Congresswoman Nicole Malliotakis’s legal team has filed an emergency application with the United States Supreme Court this week, seeking to halt the lower state court’s order to redraw the congressional district she represents. The ruling was deemed potentially disruptive to her reelection campaign and the election schedule. The state court had previously ruled the current 11th Congressional District unconstitutional, requiring it to be redrawn to increase the proportion of minority voters.
Malliotakis represents the 11th Congressional District, which includes Staten Island and southern Brooklyn. Her legal team filed a petition with the Supreme Court on Thursday to block the ruling by the Manhattan state Supreme Court from taking effect. They argue that following the state’s appeals process may not allow for a timely resolution before the election procedures officially commence on February 24, potentially affecting the election timeline.
At the end of January, Judge Jeffrey Pearlman of the Manhattan state Supreme Court ruled in favor of four New York City residents who claimed that the current boundaries of the 11th Congressional District illegally dilute the voting rights of Black and Latino voters, necessitating a redistricting.
In her petition, Malliotakis expressed concerns that the ruling would cause “constitutional chaos” as there is uncertainty regarding the district map, casting doubt on whether the nomination petition can begin collection on February 24. Her lawyers further argued that the redistricting order would force the state government to engage in racially motivated redistricting, constituting unconstitutional “racial gerrymandering.”
The legal team also contends that waiting for the state appellate court to hear the case may result in irreparable harm to Malliotakis and the public interest of the voters before the primary procedures officially begin. Therefore, she has sought urgent relief from the U.S. Supreme Court to allow the current district map to be used in this election cycle.
In response, plaintiff lawyer Aria Branch stated in a written response that the New York state judicial system is capable of handling the case without federal intervention. Branch argued that the Republican side’s appeal to the U.S. Supreme Court was “premature and procedurally improper.”
According to the petition, the lower court’s ruling is temporarily suspended while the state appellate court hears the case, and the New York State Independent Redistricting Commission (IRC), responsible for drawing the new district map, cannot submit a new map officially until the higher court’s ruling.
However, Democratic members of the New York State Independent Redistricting Commission have called on Republican members to voluntarily begin preparations early so that they can meet the February deadline promptly after the court ruling.
Malliotakis’s legal team has put forth three main legal arguments to the Supreme Court, including the difficulty in establishing the lower court’s determination on equal protection, questioning the procedural legitimacy, and alleging that the ruling violates New York state election regulations.
As of the deadline on Friday, the U.S. Supreme Court has not yet responded to the petition.