🚨 BREAKING: North Carolina Supreme Court reverses a prior partisan gerrymandering decision

[In It to Win It]

Opinion

Democracy Docket
@DemocracyDocket

🚨BREAKING: The GOP majority of the North Carolina Supreme Court reverses a prior decision and rules that partisan gerrymandering does *not* violate the NC Constitution. It also says lawmakers are permitted to redraw the congressional and legislative maps. https://democracydocket.com/cases/north-carolina-congressional-redistricting-challenge-scotus/

In a 5-2 decision, the North Carolina Supreme Court ruled that partisan gerrymandering is a nonjusticiable issue under current state laws and the state constitution. They write that a ban on partisan gerrymandering is a policy question for lawmakers, not the state courts.

The decision comes after Republican lawmakers asked the state's highest court to reconsider its position on partisan gerrymandering after the North Carolina Supreme Court flipped from a Democratic to a Republican majority following the Nov. 2022 elections.

This unprecedented decision is a loss for North Carolina voters who no longer have state-level protections against partisan gerrymandering.

It is not yet clear how or if this will impact the Moore v. Harper case before the U.S. Supreme Court. The North Carolina Supreme Court just reversed the ruling that brought the case to SCOTUS in the first place, making it uncertain if there's a live issue for SCOTUS to rule on.

Link to tweet

[mtngirl47]

1. We knew it was coming. n/t

[dchill]

2. Does/Does not. Virtually the same thing.

Clerical error. Never mind. Turns out "nonjusticiable, political questions" ARE "justiciable" of you are a Republican.

[dweller]

3. 2 weeks ago the ATLANTIC ran an editorial by Judge Michael Luttig

Discussing the USSC taking on this so called independent state legislature theory.
Worth a thorough read

https://www.theatlantic.com/ideas/archive/2023/04/independent-state-legislature-theory-moore-harper/673690/

SCOTUS did not then seem open to ISL theory. I believe they should take it up again.



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