HARRISBURG -- The state Supreme Court on Wednesday overturned the Legislature's new maps for 2012 House and Senate races, leaving districts in place until a five-member commission that designed the plan fixes the court's concerns.
The 4-3 decision gave a glimmer of hope to lawmakers opposed to the changes in the Legislative Reapportionment Commission's plan.
That plan, adopted in December, merged the McKeesport-based 45th district seat of Sen. Jim Brewster, a Democrat, with the 46th Washington County district of Sen. Tim Solobay, another Democrat. It also merged the House districts of Rep. Nick Kotik, D-Coraopolis, and Rep. Jesse White, D-Cecil, and eliminated the 22nd District of former Rep. Chelsa Wagner, D-Brookline, who is now Allegheny County controller.
It's apparently the first time in modern history that the court has overturned a state legislative redistricting plan. Senate Republican and Democratic leaders said they were unaware of any such ruling under the modern reapportionment system adopted after the 1968 Constitutional Convention.
"I'm guardedly optimistic that I might have another shot," Kotik said . "It gives you a little optimism. But we'll see."
White was driving on the turnpike near Somerset when he got the news.
"I thought it was a done deal. I thought by my third term I'd seen everything. This shows I hadn't seen everything." It's still unclear whether the court will require "fixes at the edges or wholesale change," White said.
Until a new plan is developed and the high court approves, the maps developed in the last redistricting in 2001 will remain in effect. Until the court's majority opinion is issued, lawmakers won't know the scope of the court's concerns.
"There's more we don't know than we know," said Senate Majority Leader Dominic Pileggi, R-Delaware County, a commission member. "The court has remanded the plan to the commission. We don't know the reasons for the remand. We have no indication when we'll see the opinion."
"I think they need to go back to the drawing board," Senate Minority Leader Jay Costa said of the commission, which he serves on.
Costa, D-Forest Hills, declined to say whether he thought district lines would remain as they are through this year's election, but said that the court's decision to order the 2001 lines to remain in effect signaled that the court expects a drawn-out process.
"The most important thing is the court preserved the 2001 districts, and it is the 2001 districts that members will now be running in," Costa said.
Fixing the plan "could take weeks or months," Costa said. He believes public hearings on the new plan must be held as it is developed.
Costa said Brewster "was the first person I called. And he intends to run for the office -- the 45th district -- which we believe stays in Allegheny County."
Costa had filed a motion with the court stating that the plan would have been different if negotiators had known Sen. John Pippy, R-Moon, was retiring. Pippy on Tuesday announced his plan not to seek re-election in the 37th District.
Stephen Miskin, spokesman for House Majority Leader Mike Turzai, R -Bradford Woods, said Turzai believes the plan that was submitted "met the standards and conditions set forth in the Constitution" and in legal precedent.
"Until we get an opinion, we can't know what needs to be fixed, but will respond accordingly," Miskin said.
Theoretically, if no plan were agreed upon until July, Costa said, he could not imagine new elections being held at that time. He speculated that in such an instance, the new lines might not be used until 2014.
"I'm pleased that a plan that was unfair to many communities and most especially some of those I represented for five years will not take effect," Wagner said. "Tactics such as splitting single neighborhoods into three districts would disenfranchise these communities."
The Supreme Court called the redistricting approach "contrary to law." The justices' majority opinion was not available.
Until lawmakers see more explanation from the court, it is difficult to provide specific comment, said Sen. Jim Ferlo, D-Highland Park.
"Obviously, it (the ruling) is an indication they shared some of the concerns, but there were any number of appellants," Ferlo said. "It is important we keep the number of senators we have as strong voices for the West, whether they are D or R."
The commission consists of the Republican and Democratic floor leaders from the House and Senate, along with a fifth member, an appointed judge.
House Minority Leader Frank Dermody of Oakmont was unavailable for comment, but his office issued a statement: "We respect the court's ruling on the plan, and I will work diligently with my colleagues on the commission to address the court's specific concerns as soon as those are made known."
Dermody had voted with Republicans for the plan. Costa had opposed it.
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