What’s the state of Kentucky democracy?
Stumbo tells the Herald the House will appeal Judge Shepherd’s ruling that his and the Senate’s disenfranchisement maps were unconstitutional:
“We intend to move forward on an appellate basis in some form or fashion even if the Senate chooses not to,” Stumbo said Wednesday.
If the Senate does not agree to pursue an appeal, then the House Democrats may file the lawsuit, he said.
And Stumbo tells the Courier that the House would rather just put an end to this madness, and that they won’t appeal his and Williams’ unconstitutional disenfranchisement maps:
What can you take from this? Well, they still have time, but perhaps what we’re looking at is a November election with the old map while the State Supreme Court rules or clarifies rules over the new map.
So the new map would then be the old map and the old map is actually, if no appeal happens before Friday, the new map.
If all of this conflicting reporting, or seemingly conflicted reporting, isn’t enough for you… check out the competing editorials.
When it comes to drawing new districts, legislators have already proven they’re not up to the task of working for the public good; it’s been all about them. So here’s a suggestion:
They should punt on a new redistricting plan for now. They should drop any thought of appealing the judge’s order, nor should they try to pull a redistricting rabbit out of the hat in the next few days — magicians, they aren’t.
They should take the judge’s advice on holding elections in the districts as they stand now, and then get back to the rest of the business of the session that has been stalled by this depressing failure of leadership.
To appeal or not to appeal was Wednesday’s question of the day in the halls of the state Capitol. Here’s one vote for appeal, but not because we think Judge Phillip Shepherd got it wrong when he enjoined state election officials from implementing the legislative redistricting plan recently passed by the General Assembly.
To the contrary, Shepherd’s ruling appears to be in complete agreement with Kentucky’s current case law on the subject. But as Shepherd noted in his written decision, current case law has had some “unintended consequences.” An appeal of his decision would give the state Supreme Court a chance to address those consequences.