A court has rejected a motion by the state to dismiss a lawsuit that challenges the General Assembly's authority to redraw its congressional districts a year late.
That means a lawsuit by six plaintiffs challenging a new, Republican-authored U.S. House reapportionment bill can proceed. The bill rushed through a GOP-dominated General Assembly.
The Richmond Circuit Court decision found that the state Constitution is clear and emphatic in directing that the legislature is to redraw its legislative boundaries in the year 2011 and every 10 years thereafter.
Attorneys for the state had argued that the issue was not ripe for consideration, but the court rejected the claim. It ruled that by using the word "shall," it was directive and binding, not discretionary and "not designed for metaphysical or logical subtleties."