A legal dispute is unfolding over the congressional district represented by Rep. Nicole Malliotakis, as arguments are being heard this week in Manhattan Supreme Court. The case, Williams v Board of Elections, challenges the boundaries of the Brooklyn-Staten Island district and centers on claims related to New York’s 2024 Voting Rights Act.
Plaintiffs in the lawsuit argue that the 2024 Voting Rights Act requires a district that gives Black and Hispanic voters greater influence. However, critics note that the law does not apply to state actions such as drawing election districts. Instead of increasing minority representation within the existing district, the proposed changes would swap its Brooklyn portion with a Lower Manhattan area—an area also largely white but more likely to support Democratic candidates.
The editorial board wrote: “Plainly, this isn’t about race at all, but a purely partisan power play. Making that more obvious: Malliotakis is Hispanic — her mom’s from Cuba. That sure looks like at least 50% Hispanic ‘influence’ in the district.”
They also noted: “Plus, the fact that the district’s largest minority is Asian voters (20%) somehow doesn’t matter at all: Apparently, the fact that Asians sometimes vote Republican means their voting rights don’t count.”
Governor Kathy Hochul and Attorney General Tish James have submitted letters to the court supporting judicial authority to require new district lines and possibly appoint a special master for redistricting. This move comes despite previous legislative decisions not to alter this particular district when maps were revised in 2024.
Questions about impartiality have been raised due to Judge Jeffrey Pearlman’s past employment under Governor Hochul before his appointment as an acting Supreme Court judge. He has declined requests to recuse himself from hearing this case.
Governor Kathy Hochul has served since 2021 as New York’s first female governor and is a member of the Democratic Party (https://en.wikipedia.org/wiki/Kathy_Hochul).
“Yet now the gov and state Attorney General Tish James have written the court, not to ask it to toss this case, but to argue that the judge can read the state Constitution as requiring a new district — and could even appoint a special master to dictate a new map,” according to commentary from NYPost.com.
“Judge Pearlman, incidentally, worked for Hochul in several jobs before she put him on the Court of Claims bench, from which he’s been ‘drafted’ to serve as an acting Supreme Court judge. Yet he refused to recuse himself from this case, one more move that sure makes it seem like the fix is in,” stated The New York Post Editorial Board.
