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Republican Rep. Nicole Malliotakis asks the Supreme Court to halt redistricting in her district before the midterm elections

The emergency request comes after New York's highest court declined to intervene immediately.

File image of the Supreme Court in Washington, D.C.

File image of the Supreme Court in Washington, D.C.AFP

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New York Republican Rep. Nicole Malliotakis on Friday asked the Supreme Court to block a lower court's injunction that would require redrawing her congressional district before the upcoming midterm elections, arguing that such a directive violates the U.S. Constitution. "The trial court's order has thrown New York elections into chaos on the eve of the 2026 congressional election," his emergency filing contends, in response to an order whose conclusion behind its ruling was that the current map violated the state constitution by allegedly weakening the vote of Latino and black communities on Staten Island.

Malliotakis contends that the ruling would force the state to engage in racial gerrymandering of voting districts, which, he argues, violates the Equal Protection Clause of the federal Constitution. Although the Supreme Court has not yet formally added the petition to its docket, its legal team indicated it was filed earlier this week.

The emergency petition comes after New York's highest court declined to intervene immediately. While Malliotakis continues to pursue remedies within the state court system, his filing warns that election deadlines are moving quickly. Candidates will be able to begin collecting signatures for their nominations on Feb. 24.

The congresswoman is seeking a decision before the signature-gathering period begins, arguing that candidates and voters need certainty. The request will initially be directed to Justice Sonia Sotomayor, who oversees emergency petitions coming out of New York. She could decide the matter on her own or refer it to the full court, as is often the case in high-profile disputes.

A decision that benefits the Democratic Party

The lower court ruling was widely seen as favorable to the Democrats, as it could open the door for them to win an additional seat in the House of Representatives, while putting Malliotakis' political future in doubt. His district currently encompasses Staten Island and parts of southern Brooklyn. Although President Trump won the district handily, a new map could reconfigure it to merge Staten Island with sections of Lower Manhattan, altering its political makeup.

According to the judge's order, the state's Independent Redistricting Commission must draw up a new map, effectively pausing preparations for the midterm elections until the new boundaries are approved.

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