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Without Supreme Court ruling, South Carolina forced to use 'unconstitutional' congressional map

By Ehren Wynder
Rep. Nancy Mace, R-S.C., holds her dog after the 11th round of voting for U.S. Speaker of the House of Representatives in 2023. A three-judge panel determined South Carolina gerrymandered 30,000 Black voters out of her district in a "likely unconstitutional" move, but those same judges determined the old congressional map can stay in place because the Supreme Court has yet to issue a ruling in time for this year's elections. File Photo by Pat Benic/UPI
Rep. Nancy Mace, R-S.C., holds her dog after the 11th round of voting for U.S. Speaker of the House of Representatives in 2023. A three-judge panel determined South Carolina gerrymandered 30,000 Black voters out of her district in a "likely unconstitutional" move, but those same judges determined the old congressional map can stay in place because the Supreme Court has yet to issue a ruling in time for this year's elections. File Photo by Pat Benic/UPI | License Photo

March 28 (UPI) -- A panel of federal judges ruled Thursday that South Carolina can use its current congressional map after the Supreme Court has taken too long to rule on its constitutionality before the fall election.

The three-judge panel found last year that the state's congressional map was likely unconstitutional because it gerrymandered 30,000 Black voters out of District 1, which is currently held by Republican Rep. Nancy Mace.

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The state NAACP sued, arguing the action was unconstitutionally discriminatory, and the Supreme Court heard the case in October.

Both sides in the case had asked the Supreme Court for a swift ruling so a new map could be implemented before this year's elections, but with a looming April 27 deadline to send military and overseas absentee ballots for the June 11 congressional primaries, the court still has yet to issue a ruling.

Because of the time constraint, the state legislature earlier this month asked the original three-judge panel to allow them to keep the existing map in place.

The panel agreed that, despite the probable unconstitutionality of the map, it would be "plainly impractical" to make changes this year.

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"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 ruling stated.

Legislators also had filed an emergency appeal to the Supreme Court to allow them to use the old map.

The Supreme Court is set to issue a decision on the original appeal by the end of June, which means a new congressional map will have to wait until the 2026 congressional elections.

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