By Tom Latek
Kentucky Today
The American Civil Liberties Union of Kentucky has filed an Amicus brief with the Kentucky Supreme Court in a lawsuit seeking to throw out the redistricting plan enacted by the General Assembly in 2022.
A Franklin Circuit Court judge had ruled against the ACLU following the 2022 election, prompting the appeal.
The amicus brief, filed on behalf of the National ACLU, Black Lives Matter Louisville and the Kentucky Equal Justice Center, ask the high court to strike down House Bill 2 and Senate Bill 3, laws that redraw the Kentucky House of Representatives and Congressional district maps in Kentucky, which they say selectively applies redistricting principles to neutralize the voting power of one political party.
In their brief, the ACLU offers a detailed look at how HB 2 and SB 3 represent an extreme partisan gerrymander, violating some of the most fundamental rights guaranteed by the Kentucky Constitution. It also explains how HB 2 and SB 3 infringe upon Plaintiffs’ fundamental freedom of speech and deny Kentuckians the ability to associate effectively with one another and with their preferred parties and candidates.
The legislation also burdens the fundamental right to vote, in violation of the principles of equal protection embodied in Sections 1, 2, and 3 of the Kentucky Constitution. Finally, the brief explains how they claim HB2 and SB3 violate Section 2’s bar against arbitrary and absolute power.
“Partisan gerrymandering has no place in a democratic system,” said Kevin Muench, legal fellow for the ACLU of Kentucky. “Meaningful political participation is at the core of protected speech.”
He added, “Kentuckians’ right to vote is essential and demands strict scrutiny.”
You can read the entire 33-page filing, which was submitted to the Supreme Court on Thursday, at https://www.aclu-ky.org/sites/default/files/field_documents/2023.07.10_ky_amicus_-_for_filing_as_filed.pdf.
Among the plaintiffs in the case are House Minority Leader Derrick Graham, D-Frankfort, former Franklin County Magistrate Jill Robinson, and the Kentucky Democratic Party. Named defendants include Secretary of State Michael Adams, the State Board of Elections and the Commonwealth of Kentucky.
The justices are expected to hear oral arguments on the lawsuit in September.
