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Scarnati refuses gerrymander ruling

Court order calls for maps, data

PHILADELPHIA — State Senate President Pro Tempore Joe Scarnati said Wednesday he would not turn over any data requested by the Pennsylvania Supreme Court in the wake of the gerrymandering ruling that Republicans have asked the U.S. Supreme Court to review.

Last week, the state high court ruled that Pennsylvania’s congressional map was the product of unconstitutional gerrymandering and ordered the General Assembly to submit files “that contain the current boundaries of all Pennsylvania municipalities and precincts” by noon Wednesday.

In a letter to the court, lawyers for Scarnati, a Jefferson Republican, said he would not do so, repeating an argument they have made in the petition to the U.S. Supreme Court: The state court is overstepping its authority.

“In light of the unconstitutionality of the Court’s Orders and the Court’s plain intent to usurp the General Assembly’s constitutionally delegated role of drafting Pennsylvania’s congressional districting plan, Sen. Scarnati will not be turning over any data identified in the Court’s Orders,” the lawyers wrote.

While Scarnati’s lawyers said in a footnote that the senator does not actually have the requested data, the refusal signals that Scarnati will not comply with any future requests that could help the court draw its own map, said Drew Crompton, the Senate Republicans’ top lawyer.

“They are trying to ready themselves to draw maps,” Crompton said, “and Senator Scarnati believes they don’t have the power to do that and we shouldn’t help them in that effort.”

Republican lawmakers, including Scarnati, have said the court order does not give them enough time to draw a new map, especially because the justices did not provide a full opinion when they released the order overturning the map. By imposing a tight timeline with little guidance, the Republicans argue, the court sets them up to fail, clearing the way for the justices to draw their own map.

By late Wednesday, nine days after its order overturning the map, the court had not yet released a promised opinion explaining what makes the current map unconstitutional. Without it, Republican lawmakers say, they are wary of drawing new congressional districts that could be struck down.

In a separate filing, a lawyer for the General Assembly wrote that lawmakers do not have the requested map files showing the current municipal boundaries because they are produced only once a decade as part of the redistricting process.

The court order gives lawmakers until Feb. 9 to pass a new map and send it to Wolf, who has until Feb. 15 to sign it.

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