Judge Caitlin Halligan’s recusal from the case that could overturn New York’s congressional maps could turn out to play a pivotal role.
During oral arguments Wednesday, the six remaining judges on the court of appeals seemed to fall into step with their opinions in last year’s 4–3 decision that tossed out New York’s congressional maps.
The crux of the Democrats’ case is that last year’s decision by the high court only applied to 2022 congressional elections and therefore the state’s redistricting commission and legislature should get another chance to redraw the maps for 2024.
“We’re at a different juncture,” Associate Judge Jenny Rivera said laying into the Republican’s lawyer, Misha Tseytlin.
Rivera along with now-Chief Judge Rowan Wilson and Judge Shirley Troutman dissented in last year’s decision.
Read Related Also: Election 2023 Live Results: Virginia Is for Voters! And So Are MS, KY, OH, and more
In an unusual decision, Wilson appointed 1st Judicial Department Presiding Judge Dianne Renwick to sit in for Halligan. Prior to Wilson, who was confirmed to the role by the state legislature earlier this year, judges would only be called up to fill-in if the panel couldn’t meet its five-person quorum.
Renwick only offered a few questions, primarily to Tseytlin, but offered little context tipping her hand on where she might land in her decision.
The other three judges still on the court from last year, Madeline Singas, Michael Garcia and Anthony Cannataro, hammered the Democrats’ lawyer and appeared sympathetic of Republicans’ assertion that the current lawsuit wasn’t filed soon enough.
Halligan offered little detail as to why she recused herself other than that she had a previous professional or personal relationship with one of the parties or lawyers involved in the case. She was confirmed to the bench earlier this year to fill the role of Wilson after he took over as chief judge.
