A state judge in Manhattan officially reopened the Pandora’s Box of redistricting, ruling that New York’s 11th Congressional District, currently represented by Republican Rep. Nicole Malliotakis, is unconstitutional and must be redrawn.
Four Staten Island residents filed a lawsuit in October, arguing that New York City’s only Republican-held congressional seat diluted the voting power of Black and Latino residents in the district, in violation of the state constitution. “Today’s decision is a victory for every voter in New York’s 11th Congressional District who has been denied an equal voice,” said Aria Branch, a partner with Elias Law Group, which represented the plaintiffs. The judge ordered the state’s Independent Redistricting Commission to draw a new district by Feb. 6. An illustrative map included in court documents suggest what new lines may look like, with the 11th District excising southern Brooklyn in favor of Lower Manhattan and the 10th District taking those parts of Brooklyn while only keeping a small part of Lower Manhattan.
When the lawsuit was first filed, it seemed like a longshot. New York’s redistricting took years to settle, going through multiple redraws and court cases before the state finally landed on the current congressional configuration. In 2022, the courts ruled that Democrats in the state Legislature illegally engaged in gerrymandering in the first go-around and appointed an out-of-state expert to create constitutionally sound districts.
A different court ruling gave Democrats a second chance to create congressional districts, but they stuck closely to the expert’s map. So while they ultimately made only nominal changes, Democrats technically are responsible for how the 11th District is drawn.
Yet, this latest ruling actually helps Democrats. Redrawing the 11th District to increase the voting power of Black and Latino voters will likely make the seat more Democratic, setting up a more competitive reelection for Malliotakis.
“We are reviewing the judge’s decision and our options to protect the voices of the people of Staten Island and Brooklyn,” Malliotakis said in a statement. “Nothing changes the fact that this is a frivolous attempt by Washington Democrats to steal this congressional seat from the people and we are very confident that we will prevail at the end of the day.”
House Democratic Leader Hakeem Jeffries offered a fairly taciturn statement on the ruling ostensibly made against his own party. “A judge in New York has ruled that New York’s 11th Congressional district is unconstitutional, ordering the New York Independent Redistricting Commission to quickly redraw the congressional map,” he said. “This ruling is the first step toward ensuring communities of interest remain intact from Staten Island to Lower Manhattan. The voters of New York deserve the fairest congressional map possible.”
Gov. Kathy Hochul, who was named as a defendant in the suit, did not seem upset about the decision. “The New York State Constitution guarantees the principles of fair representation, and New Yorkers in every community deserve these protections,” she said in a statement. “The court’s decision underscores the importance of these constitutional principles and directs the congressional map be redrawn by the New York Independent Redistricting Commission so impacted communities are fully represented and have a voice in our democracy.”
State Sen. Mike Gianaris, who helped oversee the Legislature’s redistricting process, told City & State “we are reviewing the decision and will gladly do whatever is required of us.” It’s unclear if or when the legislative Democrats may step back in. The Independent Redistricting Commission (which is currently short at least one member) would first need to submit a map to the court. If the commission deadlocks – as it did when it first tried to agree on a map – the Legislature may take over again. But the judge could also step in to find a different remedy instead.
Republicans, who had succeeded in challenging other lines drawn by Democrats, argued strongly against additional changes. “This entire exercise is a cynical attempt to enact an illegal partisan gerrymander under the guise of a voting rights case,” state GOP Chair Ed Cox said in a statement. “It is shocking that the Governor and Attorney General did not defend the law that the legislature passed and the Governor signed in 2024 – they are clearly colluding with the plaintiffs in this case.” Republicans unsuccessfully attempted to have the judge removed from the case due to his past ties to both Gov. Kathy Hochul and state Senate Majority Leader Andrea Stewart-Cousins.
The new ruling will impact the races for both the 11th and 10th Congressional Districts, the latter of which Democratic Rep. Dan Goldman currently represents. He faces a left-wing primary challenge from former New York City Comptroller Brad Lander. But the court ruling could place Goldman into a newly drawn, more moderate 11th District to face off against Malliotakis. It could leave Lander the 10th District, which would likely remain fairly progressive. “As I said before, I’m proud to represent my constituents in my current district and am focused on running for reelection to continue to build on the work we are doing together,” Goldman said in a statement. “Our top priority must be to retake the majority and make Hakeem Jeffries Speaker of the House, and I will always place that goal first.”
While a new 11th District would in theory become more favorable to Democrats, Goldman could still face a primary challenge from a Staten Island Democrat. “I don’t think there’s anywhere on Staten Island where (they’ll) say ‘Yeah, we’ll let the guy from Manhattan walk in,’” one Staten Island Democratic source told City & State. Staten Island has a number of Democratic elected officials who could try to primary Goldman.
Still, nothing is set in stone yet. The case will likely make it to the state Court of Appeals, New York’s highest court. And Republicans may even attempt to elevate it to federal court.
The ruling comes as Democrats and Republicans engage in redistricting battles for control of the House. It began when Texas engaged in transparently partisan gerrymandering in order to increase the number of Republican seats in the state, with other red states following suit. Democrats in states like California retaliated with their own attempts to increase safe congressional seats for their party with mid-decade redistricting. In New York, that’s only allowed if a court finds the lines are unconstitutional.
