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L. Coyote

(51,129 posts)
Fri Feb 4, 2022, 07:58 PM Feb 2022

Supreme Court of North Carolina Strikes Down Congressional and Legislative Maps

Source: democracydocket.com/

Today, the North Carolina Supreme Court struck down the state’s enacted congressional and legislative maps for being partisan gerrymanders that violate the North Carolina Constitution. In its 4-3 decision, the court concluded that any map “that diminishes or dilutes a voter’s opportunity to aggregate with likeminded voters to elect a governing majority… infringes upon that voter’s fundamental right to vote,” explicitly rejecting the lower court and Republican defendants’ notion that partisan gerrymandering is allowed under the state constitution. The court ordered the Legislature to submit redrawn plans using “neutral redistricting criteria” by Feb. 18.

The ruling comes from two lawsuits challenging the enacted maps: Harper v. Hall and North Carolina League of Conservation Voters (NCLCV) v. Hall. After a trial was held in the beginning of January, the trial court ruled that partisan gerrymandering claims are not justiciable — meaning suitable for North Carolina courts to rule on. The parties appealed this decision to the North Carolina Supreme Court, which held oral argument this past Wednesday. In its opinion today, the state Supreme Court held that partisan gerrymandering is not allowed under the state constitution, which protects the right to vote for every eligible citizen. The majority found that the “General Assembly violates the North Carolina Constitution when it deprives a voter of his or her right to substantially equal voting power on the basis of partisan affiliation.” The court reminded the Legislature that “partisan advantage is not a traditional neutral districting criterion under state law” and their new plans “shall adhere to traditional neutral districting criteria and not subordinate them to partisan criteria.” If the Legislature fails to enact new maps, the court will take over the process.

Read more: https://www.democracydocket.com/alerts/supreme-court-of-north-carolina-strikes-down-congressional-and-legislative-maps/



Read the order here = PDF.








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Supreme Court of North Carolina Strikes Down Congressional and Legislative Maps (Original Post) L. Coyote Feb 2022 OP
That is just incredibly good news! CaliforniaPeggy Feb 2022 #1
Will Democrats retain the House? dchill Feb 2022 #2
This is NC. barbtries Feb 2022 #5
It also appears to apply to the map of NC Congressional districts... regnaD kciN Feb 2022 #9
it really should. barbtries Feb 2022 #13
Worse, in many ways. (n/t) OldBaldy1701E Feb 2022 #25
I believe the question refers to the US House of Representatives. 11 Bravo Feb 2022 #22
yes, i've been set straight on that. nt barbtries Feb 2022 #23
Will voters tolerate people who endorse overthrowing democracy? I think not. L. Coyote Feb 2022 #6
very happy about this. barbtries Feb 2022 #3
The Court Just Heard Arguments... GB_RN Feb 2022 #4
Embarrassed by Traildogbob Feb 2022 #7
That's For Sure. GB_RN Feb 2022 #11
Hot Damn WHITT Feb 2022 #8
We are now 5-0. "And we are not done yet." L. Coyote Feb 2022 #10
Marc Elias is our soaring Legal Eagle! ancianita Feb 2022 #15
What will the Republicans do if they can't cheat? Yo_Mama_Been_Loggin Feb 2022 #12
Lose. Tommymac Feb 2022 #14
POFShitrump Must be Bouncing Cha Feb 2022 #17
Outstanding! My sister lives Cha Feb 2022 #16
Hallelujah! wendyb-NC Feb 2022 #18
Hooray! Republicans are such cheaters. Here are the results of 2020 House elections in NC mnhtnbb Feb 2022 #19
Wow - they ruled quickly! moose65 Feb 2022 #20
Districts should be as compact as possible The Mouth Feb 2022 #21
Frankly I feel like districts should be randomly redrawn every 4 to 8 years cstanleytech Feb 2022 #24
Good thing it was not the Texas SC. They would have overturned it because it wasn't Dustlawyer Feb 2022 #26

CaliforniaPeggy

(149,620 posts)
1. That is just incredibly good news!
Fri Feb 4, 2022, 08:13 PM
Feb 2022

The Republicans must have been overly confident that their schemes will succeed, only to see them overthrown.

Sweet, sweet karma!

barbtries

(28,794 posts)
5. This is NC.
Fri Feb 4, 2022, 08:27 PM
Feb 2022

we don't have the house. Maybe now we can get it.

Republicans have had the GA since 2010.

regnaD kciN

(26,044 posts)
9. It also appears to apply to the map of NC Congressional districts...
Fri Feb 4, 2022, 08:33 PM
Feb 2022

...so I'm guessing that it at least increases our chances to hold onto the House.

barbtries

(28,794 posts)
13. it really should.
Fri Feb 4, 2022, 08:57 PM
Feb 2022

But here in NC, i can't give you the numbers off the top of my head, but Democrats got way more votes and ended up with way less seats because of the gerrymandering. I wish i felt more optimistic about it, but it's been so long and they are so bad. The republicans in NC are no better than the republicans in DC.

L. Coyote

(51,129 posts)
6. Will voters tolerate people who endorse overthrowing democracy? I think not.
Fri Feb 4, 2022, 08:27 PM
Feb 2022

GOP is swimming in concrete boots, thanks to their mobster Don.

barbtries

(28,794 posts)
3. very happy about this.
Fri Feb 4, 2022, 08:24 PM
Feb 2022

i didn't necessarily expect it; i thought the court might be too republican tbh.

republicans here are going all out for permanent minority rule, and it sucks. so glad they lost today, but i doubt they'll be graceful or accept it and proceed accordingly.

GB_RN

(2,355 posts)
4. The Court Just Heard Arguments...
Fri Feb 4, 2022, 08:25 PM
Feb 2022

Two days ago! Based on the court’s make up (4 D, 3 R), I was sure we’d get this ruling, but I’m amazed it came so quickly.

One of our NC Supreme Court “Justices” is the son of NC Senate President pro tempore, Phil Berger. Berger was, obviously, involved in drawing the maps. His son refused to recuse himself from the case and I’m pretty sure he wasn’t one of the four in the majority ruling, either. 🙄

GB_RN

(2,355 posts)
11. That's For Sure.
Fri Feb 4, 2022, 08:39 PM
Feb 2022

I know I'm embarrassed by them just being from my state. Fortunately, I'm not from the 13th Congressional District, so I don't have to say they represent(ed) me, personally.

Cha

(297,233 posts)
16. Outstanding! My sister lives
Fri Feb 4, 2022, 09:54 PM
Feb 2022

in Buncombe Co.. I wish this would help get rid of Cawthorne.

Rts TY!

mnhtnbb

(31,388 posts)
19. Hooray! Republicans are such cheaters. Here are the results of 2020 House elections in NC
Sat Feb 5, 2022, 09:45 AM
Feb 2022

We had 13 Congressional seats in NC (we're getting one more because of Census changes)

In 2020, the total number of votes cast for Democrats in the 13 House districts was 2,660,535.
In 2020, the total number of votes cast for Republicans in the 13 House districts was 2,631,336.

As you can see 29,199 MORE votes were cast across the state for Democrats than Republicans.
The final outcome of Congressional seats was 5 for Democrats and 8 for Republicans!


https://er.ncsbe.gov/?election_dt=11/03/2020&county_id=0&office=FED&contest=0

Can you say gerrymandered?

Thanks, NC Supreme Court. Let's see what comes up next.

moose65

(3,166 posts)
20. Wow - they ruled quickly!
Sat Feb 5, 2022, 10:49 AM
Feb 2022

The Republicans in the General Assembly will now whine about this for a few days, then they will submit some maps that will give the Dems a seat or two in Congress, but I would be willing to bet that they'll try to grab the new seat. They'll probably come out with a map that gives them 9 seats and Democrats 5, even though it should be 7 - 7.

They tried two things that are so blatant, it was laughable when they claimed they didn't look at voter trends and past election results: they jerked a big chunk of Greensboro out of its county, Guilford, and put it with much more rural areas to the west. They also jerked out ONE voting precinct in Watauga County that happens to be the precinct that I live in - me, and my odious so-called Representative, Virginia Foxx, whose mountaintop mansion is about 2 miles from my house.

I can only hope that whatever they come up with is so terrible that the courts will take over the maps.

At least in NC, we have a Democratic governor and Secretary of State, so we've had none of that fuckery about the General Assembly overruling the people.

I am a bit more optimistic now that Dems can keep the House. After this, Pennsylvania, Ohio, and what Dems have done in NY and Illinois, it's looking a bit better.

The Mouth

(3,150 posts)
21. Districts should be as compact as possible
Sat Feb 5, 2022, 03:44 PM
Feb 2022

Regardless of consequences.

Anything else is Gerrymandering, and wrong, no matter who does it or who benefits.

cstanleytech

(26,291 posts)
24. Frankly I feel like districts should be randomly redrawn every 4 to 8 years
Sat Feb 5, 2022, 11:20 PM
Feb 2022

so as to reduce the ability for any party to engage in gerrymandering.
Would it hurt the Democrats a bit? Maybe but it would completely screw the Republicans as they have embraced it in a number of states that they are struggling to maintain control in.

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