On Sept. 4, Florida Secretary of State Cord Byrd filed notice that his office and the state legislature would appeal a Leon County Circuit Court decision overturning the state’s congressional district boundaries in North Florida to a state intermediate appellate court. Florida 2nd Circuit Court Judge J. Lee Marsh declared Florida’s current congressional map unconstitutional and in violation of the U.S. Constitution’s 14th Amendment on Sept. 2 and directed the legislature to enact new district boundaries.
Byrd said, “We disagree with the trial court’s decision. This is why the stipulation contemplates an appeal with pass through jurisdiction to the Florida Supreme Court which we will be pursuing.”
In the state court’s order, Marsh wrote, “This case is about whether the Legislature, in enacting its most recent congressional redistricting plan, violated the Florida Constitution by diminishing the ability of Black voters in North Florida to elect representatives of their choice. It is also about whether that provision of the Florida Constitution violates the 14th Amendment to the U.S. Constitution. In short, the answers are yes and no, respectively. For those reasons, this Court will declare the enacted map unconstitutional and enjoin the Secretary of State from using that map in future congressional elections. This Court will return the matter to the Legislature to enact a new map which complies with the Florida Constitution.”
