Posts Tagged → role
PA Supreme Court Magically Turns Itself into Legislature
In an anticipated 4-3 partisan decision today, the Pennsylvania Supreme Court majority rejected the original and heavily gerrymandered map submitted by the PA Senate Republicans, as well as three heavily gerrymandered maps subsequently submitted in the past week by the PA House Democrats, PA Senate Democrats, and even PA Governor Tom Wolf.
Instead of declaring none of the legislative district maps to be constitutional, because theoretically none of them have met the constitutional tests for compactness and adhering to existing political boundaries, and instead of declaring the governor’s map completely unwelcome because it is not his role to draw voting district maps, the PA Supreme Court has actually drawn its own redistricting map.
No court anywhere has the constitutionally derived role of drawing voting district maps, and no court anywhere can justify doing so. According to the US Constitution, drawing voting district maps is specifically a state legislature role.
I will say that the latest map, drawn by the PA Supreme Court majority, looks better in some ways than the other four maps recently submitted for review. This map is certainly tighter and breaks fewer county lines than the others. In that sense, it is a more reasonable map.
But that is not the question.
The first question is, should Pennsylvania just get on with voting, as we are now running out of time for the primaries, and just use the established map, deficient though it may be?
The second question is, should the US Supreme Court allow the PA Supreme Court to, in effect, turn itself into a legislature, by performing a key function that is specifically relegated only to the state legislature by the US Constitution?
Hopefully, the US Supreme Court will deny the lower court’s power grab, and direct Pennsylvania to go on with the previous voting district map, flawed though it was, the greater interest being in letting voters have a say at all, as opposed to political elites pulling strings to keep themselves in power.
As imperfect as the legislative process is, and as distasteful as the gerrymandering process is, it is what it is, meaning that this is what we’ve got. No court can magically turn itself into another branch of government. So let’s go with the existing map we had six weeks ago, and get on with elections.
PA House Bill 1576 pulled, for now
Pennsylvania House Bill 1576 would have dramatically changed the way PA regulates and manages endangered, threatened, and rare species of plants and animals. It went overboard in so many ways, too numerous to recount now, and missed an important opportunity to actually bring a needed level of professionalism and accountability to the way the Pennsylvania Game Commission and the Pennsylvania Fish & Boat Commission interact with and serve citizens.
Legislation setting timetables for the agencies on permits and regulatory actions is a good start. Allowing citizens to recoup legal costs from successful lawsuits against the agencies would be fair, as the agencies occasionally get that bully’s “Go ahead and sue me” attitude, so inappropriate for any government agency.
HB 1576’s proponents bit off more than they could chew, probably a result of making an emotionally charged effort, rather than a carefully calculated and strategic effort at reining in government behavior that is sometimes seen as failing to serve citizens in the ways they deserve. Advocates for the two agencies, myself included, should be asking how HB 1576 came up in the first place – what kind of agency over-reach, or failures to serve – resulted in elected officials from both parties becoming so frustrated that they decided to drop that bomb.
Now, HB 1576 is not on the next list of proposed legislation to get a vote. There is talk in both parties about getting more finely tuned and focused legislation passed, and I certainly support that. Government’s role is not to dominate citizens, but to serve them. Protecting vulnerable plants and animals is a way of serving citizens’ interests, but there is also a way to do that without unnecessarily damaging the people who are supposed to benefit. That includes ensuring that the two agencies have sufficient funding and staff to implement their respective missions.