On Thursday, the US District Court ordered lawyers for the Assembly Majority to advise the Court by next Tuesday, May 15, 2012, about the status of the DOJ preclearance process as it relates to the Assembly Redistricting Plan and the status of the Section 5 litigation before the U.S. District Court for the District of Columbia.
The Assembly Majority filed its plan with the DOJ about two weeks after the Senate Majority filed its plan. It’s widely expected that the DOJ will approve the Assembly’s redistricting plan sometime within  the next 5-7 days.
The District Court’s 3-Judge panel also directed counsel for the Breitbart Intervenors and the Senate Majority Defendants to appear before the Hon. Dora L. Irizarry, U.S.D.J., for oral argument only on the Breitbart motion to intervene [Dkt Entry #345] to be held on Monday, May 14, 2012 at 3PM.
The Breitbart motion, filed on behalf of Todd Breitbart, Tobias Sheppard Bloch, Gregory Lobo-Jost, Raul Rothblatt, Mark Weisman, and David Wes Williams, invokes a federal rule that allows non-parties claiming an interest in a lawsuit (Favors v. Cuomo) to intervene. Breitbart seeks to join the plaintiff and other plaintiff-intervenors in arguing the unconstitutionality and voting rights violations of the state Senate redistricting plan.
For all practical purposes, the Favors v. Cuomo case is drawing to a close within the next two weeks. Last Friday, May 3rd, the NY State Court of Appeals ruled that the methods used to create a 63-seat state senate were constitutional and solely within the powers of the state senate.
Petitioning to get on the ballot for the September 11 Primary Elections begins on June 11. The congressional primary election take place on June 26.