Extreme partisan gerrymanders can violate North Carolina’s constitution, a state court found Tuesday, in a decision striking down the state legislative maps the GOP statehouse adopted in 2017.
But the conservative majority also said that states “are actively addressing the issue on a number of fronts” and that “state statutes and state constitutions can provide standards and guidance for state courts to apply.”
The state court concluded that the North Carolina’s constitution gave state courts the authority to review maps for partisan gerrymandering.
Extremely important decision, if this is going to be fought at the state level then it requires thoroughly sourced decisions like this one. Every state can use this as a model for how to examine their gerrymanders, and put limits on them. It’s a process that needs to end, we need elections where the field is fair for all of the parties running, and right now the Republicans are abusing the process well beyond defensibility. If we don’t stop it now, they could institute minority rule for a generation or more.
This is a big deal. It will impact the Federal House districts, assuming the Dems have fair representation at the state level when those are redrawn after the 2020 census.
While I don’t disagree, not every state will have the luxury of blaming Hofeller. The insidiousness of the Supreme Court decision is that while State courts CAN make decisions, if particular states are NOT addressing the partisan gerrymander issue the State court is powerless to stop it. And one State court generally cannot look to what other State courts have decided as precedent as it only applies to their own state.
Actually, the opinion quotes from Roberts’ majority opinion in Rucho v. Common Cause, to the effect that while federal courts are not to get involved in fixing partisan gerrymandering, state constitutions and state courts have the authority to do so. That’s on pp. 332-33 of this opinion.
Just got back from a beach vacation in NC, and I must admit that I found the number of T-shirts and beach towels in the beach-stuff shops there that had Confederate flags and slogans of support for “Southern culture” to be more than a little disheartening.
Oh, I know, it’s just the ridiculousness of the whole deal. Federal Courts can’t mess with States fucking with Federal elections, but State Courts can.
The Roberts Court will be a lesson in lawmaking from the bench for decades to come.
This decision is subject to appeal, but six of the seven justices currently on the NC Supreme Court are Democrats (chosen by the voters in partisan, statewide elections). I would not expect this to be reversed, and probably not even stayed pending appeal.
Last year the Pennsylvania Supreme Court held that Pennsylvania’s 2011 U.S. congressional districting map violated the Pennsylvania Constitution. The US Supreme Court rejected the Republican appeal.
Republicans don’t even care about states or state law.
An elite few — approved by Kremlin Don and Moscow Mitch — want to be able to do anything, and they want everything, including what you have, Republicans.