Republican justices in the North Carolina Supreme Court threw a wrench in the works on Friday.
that the North Carolina Supreme Court issued on Friday to rehear the underlying case. If Republican state justices in North Carolina moot, it might simply delay an outcome on an issue that should be resolved sooner rather than later.This convoluted story begins in the last decade, after the U.S. Supreme Court smacked down North Carolina’s general assembly for drawing its congressional district lines.
North Carolina legislative leaders proudly announced that their new districting plan would not consider race, but would instead be a partisan gerrymander: drawing lines for maximum political advantage. In a state that was about evenly divided between the two major parties, Republicans drew a 10-3 Republican map for the state’s congressional districts.
The good government group Common Cause and others sued over the new map, claiming it was a blatant partisan gerrymander that violated the Equal Protection Clause of the U.S. Constitution. In 2019’scase, the Supreme Court in a 5-4 decision held that federal courts lacked judicially manageable standards to decide when taking partisanship into account might go so far.
The politics of the state ruling was not lost on anyone who follows North Carolina politics. The North Carolina state constitution gives only its general assembly the right to draw congressional districts; the state’s Democratic governor, Roy Cooper, has no say. The state Supreme Court had a Democratic majority when it ruled that the redistricting violated the state Constitution, and Republicans attacked the ruling as a power grab.
its Democratic gerrymander of congressional districts as a partisan gerrymander under the New York Constitution, leading to a much more favorable map for Republicans in that state.Republican legislators in North Carolina who attacked the state Supreme Court ruling took that ruling to the U.S. Supreme Court, arguing that the state Supreme Court had violated the U.S. Constitution.
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