STATEMENT OF THE CASE AND FACTS
Challenging the Florida Legislature’s 2012 apportionment of congressional
districts as violating the constitutional ban on partisan gerrymandering imposed by
the recently approved FairDistricts Amendments, the Appellants appeal a final
judgment of the trial court that resolved nearly all disputes of fact in their favor,
but ruled against them on several issues of law. They contend that while the trial
court correctly found the entire 2012 apportionment plan to be unconstitutional, it
erred by only requiring two districts to be redrawn, by allowing the Legislature to
provide the remedy by quickly passing a new plan that is largely the same as the
old plan, and by then deferring to the Legislature’s decision to maintain an apportionment scheme that ensures continued Republican domination over an electorate
evenly divided between the two political parties. They ask this Court to invalidate
the entire apportionment plan and to impose a meaningful remedy pursuant to its
solemn obligation to ensure that the constitutional rights of its citizens
are not violated and that the explicit constitutional mandate to outlaw
partisan political gerrymandering and improper discriminatory intent
in redistricting is effectively enforced.
Apportionment IV, 132 So. 3d at 137. 1
Summary of Procedural History
This litigation arises from three related actions before the circuit court. Appellants The League of Women Voters of Florida, Common Cause, Brenda Ann
1
See Preliminary Statement for full citations to Apportionment decisions.
1