General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBreaking: NC to get new districts before 2020 election! Gerrymandering dealt a defeat!
Link to tweet
Major victory against GOP gerrymandering: State court strikes down North Carolina's legislative maps
https://www.dailykos.com/stories/2019/9/3/1880414/-Major-victory-against-GOP-gerrymandering-State-court-strikes-down-North-Carolina-s-legislative-maps
On Tuesday, a three-judge panel delivered a major blow against Republican gerrymandering when it struck down North Carolina's state Senate and state House districts for violating the rights of Democratic voters.
The state court ruled that these maps, designed to entrench Republican rule, ran afoul of the state constitutions guarantee of free and fair elections. These illegal districts were so extreme that they helped Republicans to maintain their legislative majorities in 2018's elections even though Democratic candidates won more votes statewide. If fairer districts are implemented for 2020, they could put Democrats in striking distance of a majority in one or both chambers.
Importantly, because this case was litigated solely under North Carolinas state constitution, the U.S. Supreme Courts ruling earlier this year that the U.S. Constitution prohibits challenges to partisan gerrymandering did not present an obstacle to the plaintiffs. And for the same reason, this decision should be insulated from federal review, much like a ruling from the Pennsylvania Supreme Court last year that replaced a Republican congressional gerrymander with a much fairer map.
If this ruling stands up on appeal, North Carolina will soon have new legislative maps. The question now is who will get to draw them. Ordinarily, lawmakers would be given the opportunity to come up with remedial districts, but ever since they gained full control of state government in 2013, Republicans have demonstrated a flagrant disregard for the rule of law that should weigh heavily as the courts decide whether to grant the GOP another shot.
Gothmog
(145,805 posts)GO Pee are gonna be pissed!
BSdetect
(8,999 posts)Roland99
(53,342 posts)Gothmog
(145,805 posts)Gothmog
(145,805 posts)Roland99
(53,342 posts)Gothmog
(145,805 posts)I suspect that this opinion will be discussed
FakeNoose
(32,854 posts)This is the same thing we had in Pennsylvania in 2018. A bipartisan committee got the gerrymandered map struck down, and the Repukes screamed all the way to the PA Supreme Court. The PA Supreme Court said the lower court ruling stands, so then the Repukes tried to go to SCOTUS. That's when SCOTUS said "Nope" we're not getting in the middle of this. The court's ruling in North Carolina will stand and SCOTUS will not get involved.
Congratulations North Carolina Democrats! This is very big!
Gothmog
(145,805 posts)This makes me smile https://electionlawblog.org/?p=107177
This is a huge development that will put the Republican-led North Carolina General Assembly in a tough position. Because this is decided as a matter of state constitutional law, it would be very hard to find a federal issue to take this to the United States Supreme Court for reversal.
It might be possible to try to amend the state constitution to allow for partisan gerrymandering, but that too might be a tough sell.
And I expect plaintiffs could mount a similar effort against the states congressional redistricting plan, which the US Supreme Court upheld against federal constitutional challenge in the Rucho case
NewJeffCT
(56,829 posts)by a computer program? Maybe the NC House & Senate can be done in similar fashion?
Looking at Ballotpedia, the GOP has a 29-21 advantage in the NC state Senate and 64-55 advantage in the General Assembly with 1 vacant seat?
https://ballotpedia.org/General_Assembly_of_North_Carolina
bucolic_frolic
(43,449 posts)deep minority parties should not be getting solid majorities in representation. That's just not what voters vote for. They can tinker around between 48-52 maybe, but when voting results sharply contrast representation, that's a foul.
mnhtnbb
(31,412 posts)Gothmog
(145,805 posts)Gothmog
(145,805 posts)iluvtennis
(19,899 posts)hughee99
(16,113 posts)Correctly, it has no impact on congressional districts.
Roland99
(53,342 posts)hughee99
(16,113 posts)Will get us there just yet.