Breaking: NC to get new districts before 2020 election! Gerrymandering dealt a defeat!

[Roland99]

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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 constitution’s 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 Carolina’s state constitution, the U.S. Supreme Court’s 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]

1. Marc was the head of the Clinton Victory Counsel program and is a great lawyer

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[sheshe2]

2. Yes!

GO Pee are gonna be pissed!

[BSdetect]

3. And cue gop appeals

[Roland99]

4. SCOTUS won't be taking this on. I've a good feeling now

[Gothmog]

7. This is a state law matter

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[Gothmog]

5. From a friend at the Brennan Center

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[Roland99]

6. And check these!!

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[Gothmog]

10. There is a ACLU meeting in town this week on redistricting

I suspect that this opinion will be discussed

[FakeNoose]

13. SCOTUS won't overturn this because they'll refuse to hear any appeal

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]

8. From Prof. Hasen

This makes me smile https://electionlawblog.org/?p=107177

Given the state Supreme Court has a 6-1 Democratic majority (including now Justice Anita Earls), this ruling could well be upheld on appeal.

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 state’s congressional redistricting plan, which the US Supreme Court upheld against federal constitutional challenge in the Rucho case

[NewJeffCT]

14. wasn't the PA US House redistricting done

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]

9. That's a rule of thumb for courts to follow

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]

11. It's about fu*king time! Hooray for us in NC!

[Gothmog]

12. NC maps struck down by court were drawn by GOP redistricting mastermind Tom Hofeller

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[Gothmog]

15. North Carolina Republicans say they won't appeal today's ruling

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[iluvtennis]

16. Excellent news! nt

[hughee99]

17. This is only for districts related to NC state representatives, if I understand

Correctly, it has no impact on congressional districts.

[Roland99]

18. But getting control of the state legislature would be HUGE

[hughee99]

19. It would be, I'm just not sure even acceptable districts

Will get us there just yet.

[Roland99]

20. But it's a start. Certainly no super majority for the GOP

[hughee99]

21. It's definitely a good start. Nt

[oasis]

22. "If it's what you say, I love it".