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The Alaska Redistricting Board and the East Anchorage plaintiffs have been again in Anchorage Superior Court docket Decide Thomas Matthews’ digital courtroom as we speak for oral arguments over the board’s newest iteration of the Anchorage-area state Senate pairings. It’s been an extended, litigious path with loads of late nights, tight turnarounds and Gold Medal-worthy authorized gymnastics that’s produced some really odd moments. So, I suppose, it is sensible that as we speak’s oral arguments boiled all the way down to the East Anchorage plaintiffs and the Alaska Redistricting Board arguing to Decide Matthews about what Decide Matthews actually meant when he despatched the Alaska Redistricting Board again to the drawing desk.

When Decide Matthews discovered the board’s creation of a state Senate seat from East Anchorage and Eagle River to be an unconstitutional gerrymander that gave Eagle River a political benefit on the expense of East Anchorage did he:

1. Intend for the board to create an all-East Anchorage seat and a separate all-Eagle River state Senate seat because the East Anchorage plaintiffs argue?
2. Intend to present the board free reign so long as East Anchorage and Eagle River didn’t find yourself in the identical state Senate district, which resulted within the board approving an all-East Anchorage seat and an Eagle River/South Anchorage seat whereas holding the Eagle River/JBER and Authorities Hill seat in tact?

The Alaska Redistricting Board argued that Decide Matthews and the Alaska Supreme Court docket weren’t prescriptive with how Eagle River ought to be dealt with and due to this fact this attraction ought to be rejected (conveniently falling again to a slower litigation schedule that pushes up in opposition to the June 1 candidate submitting deadline for this yr’s elections). The board’s case hinges on the truth that the order remanding the work to the board solely known as on the board to “right the Constitutional errors recognized by this Court docket and the Supreme court docket in Senate District Ok.” It doesn’t explicitly say what the board ought to do, the board argues, and positively doesn’t say there ought to be a unified Eagle River seat. Board counsel Matt Singer pulled a Invoice Clinton when he argued the entire thing comes all the way down to what the definition of “in” is. He argues that “in” means the solely errors that the board was required to deal with have been those inside Senate District Ok, which was the untenable connection between East Anchorage and Eagle River. Nothing, he argued, was required of the board past severing that connection.

East Anchorage’s lawyer Holly Wells argued the redrawing course of doesn’t erase the unconstitutional intent that invalidated the unique plan. The plan wasn’t simply discovered unconstitutional as a result of it related the disparate East Anchorage and Eagle River communities of curiosity, she stated, it was discovered unconstitutional as a result of it meant to spice up the illustration of Eagle River on the expense of one other neighborhood. Nothing, she stated, modifications as a result of the board went again to the drawing desk and was a bit extra cautious about what they stated on the file. The tip result’s Eagle River’s conservative voters are nonetheless answerable for two Senate districts, she stated, and the one factor that’s modified is who’s on the dropping finish of the deal.

“The fact is the Alaska Redistricting Board break up up the Eagle River neighborhood of curiosity for political functions. These political functions have been discovered illegal, the board was required to right the unconstitutional conduct mirrored in Senate District Ok, the board corrected it with regard to at least one district and never the opposite,” she stated. “The board cleverly preserved the fruits of its illegal political gerrymander. This motion, this intent that continues to hold on doesn’t adjust to the order. That’s it.”

She argued that the rotten intent behind the final map should nonetheless be thought-about when the board approached the brand new mapping course of. They need to have, she argues, taken into consideration Decide Matthews’ order that discovered Eagle River and East Anchorage each constituted communities of curiosity and that there was little justification for breaking them up. From Decide Matthews’ order: “There’s ample public remark, in addition to testimony throughout trial, that Eagle River Muldoon are respective ‘communities of curiosity,’ with little convincing data on the contrary. The Court docket sees that the Senate Districts ignore the Muldoon and Eagle River communities of curiosity with little or no justification.” After all, we’ve since had a pitched, partisan battle of public testimony in entrance of the board. How a lot that’ll matter because the Alaska Supreme Court docket reversed the load Decide Matthews gave to testimony is anybody’s guess.

For all of the forwards and backwards over what Decide Matthews meant together with his order, Decide Matthews didn’t have a lot to say about it throughout as we speak’s listening to. He did, nonetheless, level out that his order was not express about what ought to be achieved with Eagle River (one level for the Alaska Redistricting Board), but in addition identified that the Alaska Redistricting Board was ignoring the third bullet-point of his order that known as for the board to “make different revisions to the proclamation plan ensuing or associated to those modifications” with the errors round Senate Ok (one level, possibly, for East Anchorage).

Decide Matthews stated he may have a call on the East Anchorage attraction “quickly.”

The beginning of one other

With the understanding that it’s all conditioned on the result of the East Anchorage attraction, the top of the listening to concluded with a good bit of dialogue concerning the timeline and course of forward for the brand new problem being introduced ahead by a bunch of Girdwood residents. They filed their lawsuit yesterday, arguing the board repeated its aim of imposing Eagle River’s political benefit this time on the expense of the South Anchorage and Girdwood voters in Home District 9. The case largely mirrors the case that was efficiently argued by East Anchorage however is bolstered by having residents who stay in new constitutionally questionable districts and are additionally not financially tapped out.

The one agency deadline set by Decide Matthews is Could 15 for a remaining determination within the plan, which he stated ought to give simply sufficient time for “one additional last-ditch attraction” to the Alaska Supreme Court docket earlier than the maps should be locked in for this yr’s legislative races. It appears like one other expedited schedule with the primary spherical of briefings anticipated to be due someday subsequent week. Oral arguments, if wanted, might be held the next week. A minimum of the Girdwood plaintiffs are getting a working begin as a result of they’re being represented by the authorized workforce—Eva Gardner, Mike Schechter and firm—that was concerned within the first spherical (that different case has been resolved so it’s not a joint illustration scenario).

Keep tuned!