Courts & the Law, News

Legislators oppose special master, allege they have right to fix unconstitutional maps again

Appointing a special master in North Carolina’s ongoing racial gerrymandering case is premature at best and deprives the state and its legislature of due process, according to a new objection filed with the federal court.

A three-judge panel last week appointed Stanford Law School professor Nathaniel Persily to help them further evaluate and possibly redraw nine state House and Senate districts that could still be unconstitutional.

Legislative defendants in North Carolina v. Covington objected Monday and said if any of the districts were found to be again unconstitutional, they should be able to redraw them to correct the violations.

“There is no precedent for a court to preempt the State’s right to cure such districts this early in an election cycle and when there is no evidence that the legislature is deadlocked or otherwise cannot enact new districts to remedy new violations now found by the Court based upon new evidence and new standards,” the objection states.

Legislative defendants also accused Persily of having a history of commenting negatively on North Carolina districting matters and of working on districting matters in conjunction with organizations
who are allied with the plaintiffs in Covington.

They state in the objection that they must be given more time and the opportunity to question Persily about his publications and assess whether he is free of conflict.

You can read the full objection here.

Check Also

Legislative bill tracking: Former judge turned lawmaker keeping track of ‘war’ on judiciary

Trying to keep track of the major legislation ...

Top Stories from NCPW

  • News
  • Commentary

A pivotal legislative task force may be just beginning its dive into North Carolina’s school funding [...]

The controversy over “Silent Sam,” the Confederate monument on UNC’s Chapel Hill campus, has been ra [...]

North Carolina tries to mine its swine and deal with a poop problem that keeps piling up A blanket o [...]

This story is part of "Peak Pig," an examination of the hog industry co-published with Env [...]

With Republicans on Capitol Hill and in the White House desperate to post a big legislative win, the [...]

Latest court system mess is directly linked to the Right’s ideological war on public structures Some [...]

Republicans in Congress are rushing to advance a tax reform bill that balloons the federal deficit s [...]

The post Charitable donations and the GOP’s chopping block appeared first on NC Policy Watch. [...]

Spotlight on Journalism

We invite you to join a special celebration of investigative journalism! The evening will feature Mike Rezendes, a member of the Pulitzer Prize-winning Boston Globe Spotlight Team known for their coverage of the cover-up of sexual abuse in the Catholic Church.

Tickets available NOW!

Spotlight On Journalism

This event will benefit NC Policy Watch, a project of the North Carolina Justice Center. Sponsorship opportunities available now!

Featured | Special Projects

NC Budget 2017
The maze of the NC Budget is complex. Follow the stories to follow the money.
Read more


NC Redistricting 2017
New map, new districts, new lawmakers. Here’s what you need to know about gerrymandering in NC.
Read more