Skip Navigation
Court Case

Corman v. Torres

Republican legislative leaders in the Pennsylvania state senate and eight Congressmen from Pennsylvania have filed a suit against state officials to block the use of a new congressional map put in place by the Pennsylvania Supreme Court.

Published: December 6, 2018

Case Background

On February 22, 2018, eight of Pennsylvania’s Republican members of the U.S. House, along with the majority leader of Pennsylvania senate and the chair of the senate state government committee, filed suit in federal district court in Harrisburg, seeking to block Pennsylvania from using the new congressional map put in place by the Pennsylvania Supreme Court in League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania.

The suit contends that the Pennsylvania Supreme Court acted in violation of the Elections Clause of the U.S. Constitution when it required that any map adopted during the remedial process comply with redistricting criteria specified in the court’s order. The suit also contends that the Pennsylvania Supreme Court failed to give lawmakers adequate time to adopt a remedial plan.

The court held a hearing on the plaintiffs’ request for a preliminary injunction on March 9. On March 19, the court denied the plaintiffs’ motion to preliminarily enjoin the state from conducting the 2018 elections under the new congressional map and dismissed the plaintiffs’ complaint with prejudice for lack of standing.

On April 3, Jeffrey Cutler, a former Pennsylvania elected official moved to intervene in the district court proceedings and requested that the panel reconsider its decision dismissing the suit. One week later, the panel denied both Cutler's request to intervene and the request to reconsider, prompting Cutler to file an appeal to the United States Court of Appeals for the Third Circuit. On September 14, the Third Circuit Court of Appeals affirmed the panel's decision. 

On June 1, the Third Circuit Court of Appeals denied Cutler’s motion to stay use the remedial congressional map adopted by the Pennsylvania Supreme Court pending appeal.

Documents

District Court

U.S. Court of Appeals for the Third Circuit (intervenor's appeal)