How GOP Thinks It Can Win Redistricting Lawsuit
The federal courthouse in Chicago, where lawsuits filed over the Democrat-drawn redistricting plan will likely be heard.
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Republicans have more confidence 2021 lawsuits over the Democratic-drawn redistricting plan will fare better than similar suits in 2011.
House Republican Leader Jim Durkin (R-Western Springs) and Senate Republican Leader Dan McConchie (R-Hawthorn Woods) have filed suit. The Mexican American Legal Defense and Education Fund (MALDEF) has also filed suit.
Both were filed in federal court, which is a key difference from previous challenges.
A top Republican lawyer told The Illinoize this week the GOP doesn’t want to wind up in front of the Democratic-controlled state Supreme Court.
“[Republicans] are eager to get our case in front of someone who doesn’t owe their career or appointment or election to Mike Madigan and the Democrat establishment,” the attorney said. “You can sue in state court starting out in Sangamon County or a place where you’re not gonna get the Cook County treatment, but at the end of the road is the Illinois Supreme Court and we’ve seen how they treat efforts to draw districts that the Democrats want.”
The GOP believes the core component of the case comes down to Democrats rushing a map without using census data.
“The fact that census data is not used is a big deal and is different than all previous cases,” the attorney said. “One of the big problems with [American Community Survey] data is that it’s collected over time. You’re not seeing the snapshot you need to see with the census. You are seeing a collection of data that, in some instances, is at least four years old.”
If federal judges rule with Republicans, the attorney believes judges will either redraw the legislative maps themselves, or kick it back to the constitutionally mandated bipartisan commission that becomes effective if a plan doesn’t become law by June 30.
The attorney says, either way, there’s no telling what may happen. The attorney says the case could even wind up with the U.S. Supreme Court.
Democrat attorneys have continued to believe case law, including the Garza vs. Los Angeles County case that is well-known in legal circles, will allow the use of ACS data estimates instead of census data.
It’s possible neither the GOP suit or the MALDEF suit will get a hearing before a judge until August.