House Redistricting Goes Before Supreme Court

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By Josh Rogers on Thursday, May 2, 2002.
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The battle over legislative redistricting was in State Supreme court today ?..The justices heard oral arguments about redrawing the boundaries for the 400 seats of the New Hampshire house.

As June 5th filing deadline for fall elections looms, House democrats say the courts need to ensure voters get a constitutional plan in a timely manner. Their lawyer, Michael Hatemem told the justices that federal Supreme Court decisions make clear that it?s high time for judicial intervention.

"When a legislature fails to reapportion accouritn to federal constional requisites?.the case is ripe for ejudication?.In Beupre, the court says a controvery is ripe when a court lacks assurances that a validly enacted plan in time for the upcoming election?There is no valid plan and the filing period is approximately a month away."

But according to house republicans that deadline can still be met. And Their lawyer, Jack Middleton, asked that the court?..at least for the time being?..stand down.

"Our principal concern is that the court not take away any legislative initialives while the opportunity exisits for legiasltive action?.because this is not a mathematical problem?.This is basically a political problem."

While some of the justices questions seemed to indicate that they may not necessarily want the court to get involved,?..Associate Justice Joseph Nedeau made clear that the court should be prepared to.

"The point is that it?s not only wise but necessary for the court to begin. A process for briefing and setting date for argument?and set a date for arguments?that?s not undue intrusion?.If things get resolved then it won?t be necessary to file and have arguments?..But shouldn?t we be on that path."

And, if the postures of the lawmakers in attendance were any indication that path will likely be traveled. Auburn Republican Donald Strich chaired the house redistricting committee. He says House republicans have been open to compromise, but democrats failed to suggest any.

"We have the best plan and we?ve asked the m for all kind of answers and solution??.You know all chips are on the table now and we don?t intend to fold. We intend to proceed with the plan that we have?..We think it best meets the needs of the people of New Hampshire."

House democratic leader Peter Burling says that argument is ludicrous?..Burling also echoed governor Shaheen?s veto message, which holds the rejected plan is unconstitutional??.and trammels on the principle of one person one vote. Even so, Burling says he has made many compromise offers to republican house leadership only to be rebuffed.

"And they make it very clear were not going to talk to Burling as long as he?s in court?.I?m sorry I?m going to fight for my rights?.And I?m guessing that the court is going to indicate to the republican party that they better be willing to come to the table pretty soon."

The Supreme Court has not scheduled a date for it?s ruling??Senate redistricting is also headed for the high court?..Those oral arguments will take place later this month.

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