The drawing of city commission district boundaries for the Nov. 7 Miami election could hinge on what the U.S. Supreme Court decides to do next.
Days after the U.S. Court of Appeals for the 11th Circuit blocked the implementation of a voting map imposed by a federal judge, Supreme Court Justice Clarence Thomas wants to hear more from lawyers for the city and its opponents, community groups who sued the city, claiming the districts created by the city dilute the voting power of minorities and are therefore illegal.
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Thomas gave the city until 5 p.m. Monday to respond to the emergency request by the group – through their attorneys with the American Civil Liberties Union — that the map approved by the federal judge be allowed to take effect.
The ACLU attorneys can then reply to the city’s arguments before the Supreme Court decides whether to lift the stay imposed by the 11th Circuit.
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If at least five of the nine justices agree the 11th Circuit stay should be lifted, it would effectively reinstate U.S. District Judge Michael Moore’s order imposing the district boundaries favored by the community groups represented by the ACLU, while the lawsuit between the city and the groups continues.
“We are pleased to hear the Supreme Court has asked the City of Miami to respond to our emergency application," said Carrie McNamara, a staff attorney at the ACLU of Florida. While this is welcoming news, we hope the Court will ensure Miami voters' voices are heard by granting our application and replacing the racially gerrymandered map that’s currently in place. We will continue to fight for fair and constitutional representation in Miami."
The new voting map, drawn by attorneys for the ACLU, would shift the boundaries of the city's commission districts.
In a 2-1 decision, appellate court judges said the lawsuit was filed too close to the November election, citing costs, confusion and hardship on candidates, voters and the public.
"The city agrees with the reasoning of the Court's order granting the stay, particularly because the district court order would have caused significant disruption and confusion to voters in the upcoming municipal elections in November," City of Miami attorney Victoria Mendez said in a statement.
The city was originally sued in December 2022 for racial gerrymandering — a tactic in which voting maps are used to reduce the voice of certain demographics — after new district lines were approved by city commissioners.
Commissioners Alex Diaz de la Portilla, Sabina Covo and Manolo Reyes are currently running for reelection in November.
