Pa. Republican lawmakers ask SCOTUS to stay gerrymandering order

January 25, 2018 GMT

Jonathan Lai and Liz Navratil, STAFF WRITERS

Top Republican lawmakers have asked the U.S. Supreme Court to stay the Pennsylvania Supreme Court’s order that lawmakers redraw the state’s congressional district maps, arguing that Pennsylvania’s highest court is in effect legislating from the bench.

“In short, the question in this case is whether the Pennsylvania Supreme Court is the Pennsylvania ‘Legislature’ under the federal Constitution, and the answer to that question is a resounding no,” lawyers for Senate President Pro Tempore Joe Scarnati and House Speaker Mike Turzai wrote in their request, which is sent to Justice Samuel A. Alito Jr. “This is not simply a question of a state supreme court interpreting its state constitution, but a state supreme court usurping that state’s legislature’s authority expressly granted under [the Elections Clause of the U.S. Constitution.]”

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