Democrats, ever desperate for one-party control, filed a lawsuit in October claiming that New York City’s only Republican-held congressional district was unconstitutionally drawn because it allegedly “dilutes black and Latino voting strength.”
The Staten Island plaintiffs, represented by the Washington, D.C.-based Elias Law Group, demanded that the map — which was approved by the Democrat-controlled state legislature and Gov. Kathy Hochul (D) in 2024 — be redrawn such that it’d be virtually impossible for Republican Rep. Nicole Malliotakis to defend her district.
‘This entire exercise is a cynical attempt to enact an illegal partisan gerrymander under the guise of a voting rights case.’
Jeffrey Pearlman, a justice on the New York Supreme Court who was not only appointed by Hochul but previously served as her lawyer and chief of staff, delivered the plaintiffs a win on Wednesday, claiming that the configuration of New York State’s 11th congressional district is unconstitutional.
“It is clear to the Court that the current district lines of CD-11 are a contributing factor in the lack of representation for minority voters,” wrote Hochul’s former chief of staff.
While the Democratic plaintiffs proposed new gerrymandered district lines for the Hochul judge to adopt, he noted that the New York state Constitution leaves it to the legislature to correct the law’s legal infirmities in the event that a congressional map is invalidated by a court.
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Rep. Nicole Malliotakis (R-N.Y.). Photo by Drew Angerer/Getty Images.
Accordingly he ordered the New York Independent Redistricting Commission to draw a new map by Feb. 6.
Days ahead of the ruling, Malliotakis told “The Point with Marcia Kramer” that the Democratic campaign to redraw the map was “ludicrous” and “an insult to the people of Staten Island and Southern Brooklyn, who had a Democrat, by the way, Max Rose, who represented them, and they fired this individual.”
“So they had a choice here between a Republican and a Democrat, and they decided they didn’t want the Democrat representing them anymore,” continued Malliotakis. “And here comes this Washington firm saying they don’t care about the will of the voter. They’re going to set it up so a Republican can never win and it’ll always be one-party rule.”
Aria Branch, a partner at the D.C.-based Elias Law Group, claimed that the decision was “a victory for every voter in New York’s 11th Congressional District who has been denied an equal voice.”
Hochul also lauded her former underling’s decision.
“The New York State Constitution guarantees the principles of fair representation, and New Yorkers in every community deserve these protections,” stated Hochul. “The court’s decision underscores the importance of these constitutional principles and directs the congressional map be redrawn by the New York Independent Redistricting Commission so impacted communities are fully represented and have a voice in our democracy.”
House Minority Leader Hakeem Jeffries (N.Y.) characterized the apparent effort to disenfranchise Republican voters in New York City as “the first step towards ensuring communities of interest remain intact from Staten Island to Lower Manhattan.”
Rep. Mike Lawler (R) rejected Jeffries’ framing, suggesting the Hochul judge’s order amounted to an “absurd fraud” perpetrated against those “New Yorkers who demanded independent redistricting and overwhelmingly rejected partisan gerrymandering.”
Ed Cox, chairman of the New York Republican Party, similarly condemned the ruling.
“This was a partisan ruling made by a partisan judge in a case brought by a notoriously partisan attorney,” stated Cox. “Kathy Hochul and Albany Democrats did not alter this district when they had a chance in 2024. This entire exercise is a cynical attempt to enact an illegal partisan gerrymander under the guise of a voting rights case.”
The district Hochul’s former underling deemed unconstitutional has been represented by Malliotakis since 2021, when she beat her Democratic opponent in a landslide, 63.8% to 35.8%.
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