Problem:
Pennsylvania lost a congressional seat in the 2020 census, requiring the Pennsylvania General Assembly to draw a new congressional map for the 2022 elections. In January 2022, Pennsylvania’s General Assembly approved a congressional map that Governor Wolf vetoed for being insufficiently Democratic, even though the Assembly-approved map would have created a 9-8 majority of Democratic-leaning congressional districts. In response to this impasse, the Supreme Court of Pennsylvania, where Democrats hold a 5-2 majority, imposed a more partisan Democratic map backed by the Elias Law Group, a leftist redistricting firm operated by Democratic Party operative Marc Elias.
Pennsylvania’s Supreme Court’s actions violated the Elections Clause of the Constitution, which clearly and unmistakably states that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” The language of the Elections Clause makes no allowance for a state supreme court to impose a congressional map by unilateral decree.
Action:
The Supreme Court denied certiorari.
Result:
Cert Petition Denied.
