This afternoon, the Republicans controlling the New York State Senate filed their formal objection to the congressional redistricting plan currently being considered by a three-judge panel, and their arguments directly centered on the need for incumbency protection measures for Republican Representatives.
“Professor Persily generally dismisses the Senate Majority Defendants’ (and other parties’) concerns about ‘respecting the cores of prior districts,’ insisting such claims are merely ‘pretextual arguments for protecting incumbents,’ they wrote in their letter. “As a threshold matter, incumbency protection is a traditional redistricting principle, as Professor Persily himself has previously recognized.”
The letter further argued against placing incumbents politicians in the same districts if at all possible.
“[A]voiding incumbency pairings actually enhances the reality and appearance of judicial impartiality,” they wrote, again contending protecting sitting Representatives should be more highly prioritized in the process.
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