Pennsylvania congressional map battle lands in Supreme Court

Ethics

A request by Republican leaders in the Pennsylvania Legislature to stop a new congressional map from being implemented is now in the hands of the nation's highest court.

The filing made late Wednesday asked Justice Samuel Alito to intervene, saying the state Supreme Court overstepped its authority in imposing a new map.

More litigation may follow, as Republicans are considering a separate legal challenge in federal court in Harrisburg this week.

The state Supreme Court last month threw out a Republican-crafted map that was considered among the nation's most gerrymandered, saying the 2011 plan violated the state constitution's guarantee of free and equal elections.

The new map the state justices announced Monday is widely viewed as giving Democrats an edge as they seek to recapture enough U.S. House seats to reclaim the majority.

House Speaker Mike Turzai and Senate President Pro Tempore Joe Scarnati said the state's highest court made an unprecedented decision.

"The Pennsylvania Supreme Court conspicuously seized the redistricting process and prevented any meaningful ability for the Legislature to enact a remedial map to ensure a court drawn map," they wrote in a filing made electronically after business hours.

The challenge adds uncertainty as candidates are preparing to circulate nominating petitions to get their names on the May primary ballot.
Pennsylvania congressional map battle lands in Supreme Court
A spokesman for Democratic Gov. Tom Wolf, responding to the lawmakers' filing, said Wolf was "focused on making sure the Department of State is fully complying with the court's order by updating their systems and assisting candidates, county election officials and voters preparing for the primary election."

It is the third time in four months that Turzai and Scarnati have asked the U.S. Supreme Court to put a halt to litigation over the 2011 map they took leading roles in creating.

Alito handles emergency applications from Pennsylvania and the other states covered by the 3rd U.S. Circuit Court of Appeals. Justices have the authority to deal with these applications on their own, or they can refer the matter to the entire court.

In November, Alito turned down a request for a stay of a federal lawsuit, a case that Turzai and Scarnati won in January.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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