Republicans are formally advancing a legal battle over New York's congressional seats to determine how many are competitive for the remainder of the decade. On Tuesday, they filed their expected notice of appeal in the ongoing litigation over the state's congressional maps. Meanwhile, Democrats are hoping that the Court of Appeals upholds a lower court’s ruling, which could place the mapmaking pen back in their hands. But even as the future path of the lawsuit gained some clarity with the GOP filing, any candidates wanting to find out if their districts will change before next year’s vote still have a bit of a wait. The court is on summer recess until Sept. 12. Judges could theoretically return before then to hear arguments in this case, but nobody is predicting they’ll be back sooner: “I don’t think anything is imminent,” said former Rep. John Faso, who has helped organize the GOP’s legal efforts on the maps. That timing might lead to a truncated process if Democrats win. The state constitution puts Sept. 15 as the date when mapmaking is fully commenced, with a redistricting commission releasing information to the public in advance of a 12-city public hearing schedule throughout the fall. If Republicans receive a stay on the appellate decision that ordered the commission back to work — and Faso believes they automatically received one with their Tuesday filing, though not every lawyer agrees — Sept. 15 could pass without staffers having even begun the complex process of finding venues and dates for the hearings. A Democratic victory in the state’s highest court would mean legislators would vote on two new sets of maps drawn by the commission. If they reject both, the Democratic-dominated Legislature would approve its own plan. There’s not much flexibility with the timing of that final step. Assuming the primaries aren’t delayed like they were in 2022, the final maps would need to be approved by early February to avoid conflicts with the petitioning process. That means the first set of maps from the commission needs to be done by early January — regardless of how the rest of the calendar might be adjusted. That’s worth keeping in mind as legal filings continue to be submitted in the coming weeks. As the days pass by, the GOP will have an easier time arguing there simply isn't enough time left to reconvene the commission. “It would be in the Democrats’ interest to get the mapping done with as soon as possible, and it’s in the Republican interest to slow the case down,” noted New York Law School professor Jeff Wice. IT’S WEDNESDAY. WHERE’S KATHY? Speaking at the New York Building Congress breakfast and making economic development announcements in Oswego and Syracuse. WHERE’S ERIC? Delivering an appointment-related announcement in New York City and highlighting new investments in career advancement for people with disabilities in Brooklyn. QUOTE OF THE DAY: "Extreme heat is posing a significant health risk for New Yorkers, especially for vulnerable populations like children and seniors. I have directed State agencies to take all necessary precautions to keep New Yorkers safe during this weather event," Hochul said about the incoming heat wave.
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