The Supreme Court Upheld a Ruling Against North Carolina's Redistricting.

[elleng]

Last edited Mon Jun 5, 2017, 11:55 AM - Edit history (1)

'The Supreme Court has upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court's order to redraw the districts and hold a special election.

The action by the justices Monday sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.'>>>

http://time.com/4805283/supreme-court-north-carolina-redraw-districts-decision/


On the merits: Judgment affirmed by summary disposition on June 5, 2017

Issues: (1) Whether any of the district court's extensive findings of fact regarding the twenty-eight racially gerrymandered legislative districts at issue here are clearly erroneous; and (2) whether the district court correctly applied Alabama Legislative Black Caucus v. Alabama in holding that race predominated in the drawing of twenty-eight legislative districts in North Carolina, and correctly applied this Court's rulings in Johnson v. De Grandy and Bartlett v. Strickland in holding that those districts were not narrowly tailored to the compelling governmental interest of compliance with the Voting Rights Act.

[Scurrilous]

1. K&R

[Wounded Bear]

2. K & R ......

We're hanging on by a thread. I hope we get more rulings like this before the Repubs fully pack all the courts.

[unblock]

3. not following what the remedy then is if they struck down the order to redraw...?

[elleng]

4. 'The action by the justices Monday sends the matter back to the lower court,

which could order new districts in time for the regular cycle of elections in 2018.'>>>

http://time.com/4805283/supreme-court-north-carolina-redraw-districts-decision/

[unblock]

7. so there's a special election with the bad maps, but they could order new maps for november 2018?

wonder why the supreme court said it was an error to order new maps for the special election?

not enough time maybe??

on edit: thanks, i see post#6 now

[elleng]

8. Probably time.

Procedural order's too brief to get a clear understanding.

[unblock]

9. the knock down of the "redraw the map and hold a special election" confused me

because it's really just the special election that they knocked down.

ultimately the maps will have to be redrawn

[mwooldri]

12. That's how I read it too.

Draw new maps for 2018. Special not needed.

[MineralMan]

5. The Third Branch Is Still on the Job, Apparently.

Good! We're going to need them badly for a while.

[elleng]

6. Yes, thank goodness!

Here's the Order, muddy procedural language, but it is what it is:

Holding: In ordering special elections and suspending residency requirements in the state constitution after holding that 28 majority-black districts drawn by the North Carolina General Assembly were unconstitutional racial gerrymanders, the district court did not adequately grapple with the case-specific interests -- such as the severity and nature of the particular constitutional violation, the extent of the likely disruption to the ordinary processes of governance if early elections are imposed, and the need to act with proper judicial restraint when intruding on state sovereignty -- on both sides of the remedial question.

Judgment: Vacated and remanded in a per curiam opinion on June 5, 2017.

http://www.scotusblog.com/case-files/cases/north-carolina-v-covington/

[wryter2000]

10. Anyone know how the vote went?

Is Goresuch voting on this stuff?

[spanone]

11. K&R...