“No one will even talk about our legal opinions for fear it will be construed as intent to draw a map,” he told the Herald/Times. Lawmakers are “afraid to answer their phone,” or be in public.”I’ve never seen anything like this where the process is so shut down and locked down,” he said adding that because the court ruled that legislators’ reapportionment decisions are not subject to the traditional privilege, they are “inhibited even about process.”

He said the ruling had resulted in enormous tension between the First Amendment rights of legislators, staff and consultants to speak up about the redistricting and the Fair District amendment, which prohibits maps drawn with the intent to favor incumbents or political parties.

“Free speech is a funky, fragile thing,” he said. “This system is messed up and, absent some federal court stepping in, I don’t see any justice coming out of this.”

Lee said he told Gardiner that he believes the process will continue to be mired in confusion until someone files a lawsuit that asks a federal court to step in and rule on the Florida court’s ruling.

Lee said the decision by the Florida Supreme Court was “clear that the Supreme Court thinks the Florida Legislature is fundamentally corrupt,” Lee said.

But, he added, many unanswered questions remain.

“How do you respect the [federal] Voting Rights Amendment and say you can’t draw a district that favors a political party when most African American districts favor Democrats?” he asked.

“Federal judges don’t run for office. They tend to be more objective and they have a broader perspective on the Voting Rights Act.”