Federal Court Allows South Carolina House Election to Proceed Under Unconstitutional Map
ICARO Media Group
In a recent development, a federal court has made the decision to allow a US House election in South Carolina, specifically for Republican Rep. Nancy Mace's seat, to proceed under a map that was previously declared unconstitutional. The judges, in a brief order, stated that they had limited options due to the approaching deadline to prepare for the state's primary election for down-ballot contests.
Last year, a three-judge panel ruled that the GOP-controlled Legislature in South Carolina had unlawfully removed over 30,000 Black residents from the coastal 1st Congressional District, which is centered in Charleston County. The court referred to this action as a "bleaching" aimed at benefiting the Republicans, which constituted an unconstitutional racial gerrymander.
South Carolina officials appealed the decision to the US Supreme Court, with arguments heard in October. During the hearing, conservative justices appeared skeptical of the claim that the state's lawmakers had engaged in impermissible racial gerrymandering when drawing the district lines. However, no opinion has been issued by the Supreme Court in this case so far.
While courts have previously permitted partisan gerrymandering, racial gerrymandering has been deemed illegal. Despite the invalidated map, the judges in Thursday's order emphasized the practicality of allowing the election to proceed considering the approaching primary election procedures and the pending Supreme Court appeal. The judges acknowledged that it is unusual to allow an election under a map that had been deemed invalid, but in this situation, they believe the practicality of the matter must take precedence over the ideal.
Rep. Nancy Mace, who is seeking a third term, faces a competitive Republican primary. Among her challengers are former state Cabinet official Catherine Templeton and her onetime chief of staff Daniel Hanlon. Mace recently garnered the endorsement of former President Donald Trump, who praised her as a "strong conservative voice." Mace, who was initially critical of Trump, has since become an ardent supporter of the former president.
The redrawing of the district in 2022 by state Republicans aimed to make it a safer seat for the party. Under the current district lines, Trump would have carried the 1st District by 9 points in 2020. Mace, who won reelection in 2022 by 14 points, had previously won the seat by just a single point under the previous map two years earlier.
As the primary election approaches, South Carolina faces the challenge of preparing and sending absentee ballots to overseas and military voters. Despite the underlying constitutional concerns, the decision to proceed with the election under the invalidated map has been made to accommodate these practical necessities. The outcome of the Supreme Court appeal remains awaited, and its decision will likely have significant implications for future redistricting efforts and the fight against racial gerrymandering.