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SCOTUS sends NC redistricting case back to state Supreme Court for a do-over

The U.S. Supreme Court sent the North Carolina redistricting case back to the state Supreme Court this morning for further review in light of the high court’s recent decision in a similar Alabama case.

The North Carolina groups and individuals who initially sued lawmakers in state court — contending that the state’s 2011 plan constituted an unlawful racial gerrymander — filed papers in January asking the justices to review the state Supreme Court’s 2014 decision upholding the plan.

Then in late March, the nation’s highest court decided the Alabama case — applying a different analysis than that used by our state justices and sending that state’s plan back to the trial court for further review. (For more on the relationship between the Alabama and the North Carolina cases read here.)

The Court ruled that race predominated in an Alabama redistricting plan which moved black voters into majority-minority districts in order to prevent the percentage of minority voters from declining, and that such race-based redistricting must be strictly scrutinized.

Five days later, the court likewise sent a case raising similar issues regarding Virginia’s 3rd Congressional District, Cantor v. Personhuballah, back down for further review.

The challengers of the North Carolina plan — relying in part upon the analysis in the Alabama decision — argued in papers recently filed with the Supreme Court that our state maps should also be strictly scrutinized and rejected as race-based gerrymanders.

With today’s order, the state Supreme Court will now have to review the 2011 redistricting plan using those parameters.

Here’s the order:

Dickson GVR

 

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