Supreme Court delay prompts federal judges to act in South Carolina redistricting dispute

WASHINGTON — The Supreme Court has delayed resolving a South Carolina redistricting case for so long that a lower court has been forced to step in, saying on Thursday that a congressional district it previously ruled was racially gerrymandered can be used in this year’s election.

Last year, a federal court ruled that the Charleston-area district held by Rep. Nancy Mace, R-S.C., was unlawfully drawn by removing thousands of Black voters.

But on Thursday, the same court said in an order that the map could be used for this year's congressional election.

The three-judge panel wrote that "with the primary election procedures rapidly approaching, the appeal before the Supreme Court still pending, and no remedial plan in place, the ideal must bend to the practical."

The decision constitutes a setback for Democrats, who might have gained a more favorable map if it was redrawn.

The Supreme Court has spent months considering the merits of whether map-drawers unlawfully considered race when drafting the map but has yet to issue a ruling despite both sides saying it needed to be resolved well before the election.

The justices have also failed to act on an emergency application brought by Republican state officials asking for the existing map to remain in place, at least for now.

In election cases, the Supreme Court often urges parties involved to resolve lawsuits before election deadlines, but in this case it is the justices themselves who contributed to the uncertainty.

"It's really bizarre. I cannot think of another instance like this," said Rick Hasen, an expert on election law at UCLA School of Law.

"It's just inexcusable for the court to say nothing," he added.

Leah Aden, a lawyer with the NAACP Legal Defense and Educational