Judge’s recusal will have ‘no effect’ on landmark redistricting case: Hochul

Gov. Kathy Hochul says she believes the recusal of her most recent appointment to the state’s highest court from a landmark redistricting case, will “have no effect,” on the outcome, one that could potentially decide the control of Congress.

Speaking to reporters, Hochul said she stands by her selection of Judge Caitlin Halligan, who announced last month she would recuse herself from the case deciding the latest attempt to redraw New York’s congressional district maps.

“Her position on one particular case has no bearing on whether or not I think she would fit the role,” Hochul said.

Halligan represented a potential swing vote on the high court, as the only new justice on the panel since it decided to toss out maps drawn by the legislature that heavily favored Democrats.

She filled the role vacated by now-Chief Judge Rowan Wilson after he was picked by Hochul to lead the court.

The details behind Halligan’s recusal are murky. She submitted a form to the court indicating she had a close professional or personal relationship with a party or a lawyer on the case, but no additional details.

Then Chief Judge Janet DiFiore wrote the 5-4 opinion in the case ruling that the state legislature violated the process for redistricting as written in the state constitution. It then returned the responsibility of redrawing the maps to the rural Steuben County court where the legal challenge had originally been filed. Wilson wrote the dissent in that case.

Wilson decided to call up Dianne Renwick, an appeals court judge from the New York City-based first department to take over for Halligan for the case, an unusual move.

The new case, set to be heard by the Court of Appeals Wednesday, seeks to give the state’s redistricting commission a shot to redraw the lines ahead of 2024’s congressional election – potentially doing so in such a way that could work against Republicans who won four districts, now rated as toss-ups, in 2022.

The state’s redistricting commission originally failed to agree on maps to send to the state legislature for approval back in 2021, leading to the constitutional mess the courts are still sorting out.