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Appeals court sides with Democrats in redistricting case that threatens Malliotakis seat

A state appeals court Thursday sided with Democrats in a contentious New York voting rights case that could wind up flipping the Staten Island-based seat held by Republican Rep. Nicole Malliotakis in the fall midterm elections.

The five-judge panel unanimously ordered the state’s independent redistricting commission to redraw the NY-11 district, potentially to include heavily Democratic minority neighborhoods, lifting a temporary pause on a Manhattan judge’s previous order.

The ruling marks the final ruling in New York courts but Republicans are still appealing it to the U.S. Supreme Court, hoping it may overturn what they call a racial gerrymander and brazen power grab.

Justice Sonia Sotomayor ordered Democrats to file papers responding to the GOP appeal by the end of the day Thursday. It’s not known if she will rule on the case or refer it to the conservative-dominated full court for a decision.

The ruling, if upheld, is expected to transform Malliotakis’ district, which now combines all of Staten Island and a GOP friendly slice of south Brooklyn.

A new map would likely link Staten Island instead with parts of lower Manhattan, which would instantly turn the district from red to blue and make Malliotakis a long shot to win another term.

The switch could also have a big impact on internal Democratic politics.

If the map goes as expected, Rep. Dan Goldman (D-New York) is expected to run against Malliotakis in the reshaped district, avoiding a contentious primary in the neighboring NY-10 district against former Controller Brad Lander.

Lander would be the overwhelming favorite to win that seat, which likely would be reworked as well to include more of his strongholds in Brooklyn and less of Manhattan.

The move would also give national Democrats a boosts in the coast-to-coast redistricting war that President Trump launched when he ordered Texas Republicans to redraw the state’s map to endanger five Democratic seats.

Democrats struck back in California and Virginia, and most analysts now predict the battle will be a wash between the two parties.



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