HARRISBURG, Pa. (CBS) — The top Republican in the GOP-controlled state Senate is balking at an order from the state Supreme Court to turn over data as part of its ruling that tossed the state’s map of Congressional districts and created a deadline of later this month for lawmakers and the governor to come up with a new one.

The state Supreme Court has said it will draw Congressional boundaries, if necessary. Drew Crompton, counsel to Senate President Pro Tempore Joe Scarnati, says the court is seeking “current” data on municipal boundaries and precincts. Crompton says that doesn’t exist; the most recent data, he says, is what was used to draw the maps in 2011, and that is available online. But that aside…

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“Senator Scarnati has no intention on turning over any data to the Supreme Court,” Crompton said, “because in his opinion, it would be in the furtherance of an unconstitutional act.”

Crompton says Scarnati believes the state high court has no authority to draw maps, and that he has made that case to U.S. Supreme Court Justice Samuel Alito, who has been asked to stay the state court order.

Alito has given the plaintiffs until Friday afternoon to respond.