A judge has ruled that the boundaries of one of New York’s Congressional districts is unconstitutional, throwing a wrench into the 2026 midterm elections.
Supreme Court Judge Jeffrey Pearlman of Manhattan issued a ruling Wednesday that says the boundaries of New York’s 11th District — which currently covers Staten Island and a small part of Brooklyn — was drawn unlawfully and needs to be redone.
He ordered that a special Independent Redistricting Commission convene to complete a new map by Feb. 6, just over two weeks from now. Before becoming a judge, Pearlman has worked for major New York Democrats including Gov. Kathy Hochul and Senate Majority Leader Andrea Stewart-Cousins.
The 11th Congressional District is currently represented by Republican Nicole Malliotakis, who is the only Republican member of Congress in New York City. A redrawn district could include more blue parts of the city, upsetting what is now a fairly safe seat for the GOP.
John Faso, a representative of attorneys representing Rep. Malliotakis in the case, called the decision “judicial lawmaking run amok.”
“It is contrary to plain language in both state and federal constitutions. The case will definitely be appealed,” he said. Malliotakis is not named as a plaintiff or defendant in the case, but joined as an intervener in late October arguing to keep the district lines as they are.
The Board of Elections and Gov. Kathy Hochul, both named as defendants in the case, did not immediately respond to a request for comment by THE CITY. Neither did attorneys Andrew Celli and Bennet Moskowitz, who are representing Staten Island voters as plaintiffs in the lawsuit.
Before the most recent independent redistricting effort in 2022, the 11th included large swaths of left-leaning parts of Brooklyn and was considered a swing district. In 2019-2021, Democrat Max Rose represented the area.
A 2022 analysis by THE CITY showed that had the district been configured as drawn by the Democratic-controlled state legislature, Rose might have retaken the seat by some 4,000 votes. Instead he lost his seat to Malliotakis by 54,000 votes.
If the 11th is significantly redrawn, it could also affect ongoing campaigns for other city congressional seats in nearby districts, including in the district currently held by Rep. Dan Goldman in Brooklyn and Manhattan.
This is not the first time the courts have upended district lines in New York congressional districts. In 2022, the New York Court of Appeals — the highest court in the state — threw out all boundaries for Congress and State Senate seats, saying Democrats drew them with “partisan purpose.” A court-appointed special master then redrew those political boundaries.
