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Sen. Phil Berger

Sen. Phil Berger

This week’s Supreme Court decision that reaffirmed the constitutionality of allowing independent commissions to draw congressional districts prompted Charlotte Observer reporter Jim Morrill to ask Senate President Pro Tem Phil Berger about legislation sponsored by a majority of the House that would create a nonpartisan redistricting process in North Carolina.

Still not a good idea? Berger thought it was a fine idea when he was in the minority in the General Assembly. He co-sponsored redistricting reform five times, most recently in the 2009-2010 session.

The only thing consistent is his hypocrisy.

News

VoteIn a 2-1 decision released this morning, the 4th U.S. Circuit Court of Appeals reversed the lower court and held that the Wake County citizens’ lawsuit challenging the redistricting of Board of Education electoral districts could proceed toward trial.

Writing for the court in Wright v. North Carolina,  U.S. Circuit Judge James A Wynn, Jr. said:

Thirteen citizens of Wake County, North Carolina challenge a state law redrawing the Wake County Board of Education electoral districts. Plaintiffs contend that under the new redistricting plan, some citizen’s votes will get significantly more weight than other’s in violation of the Fourteenth Amendment’s guarantees of one person, one vote and the North Carolina Constitution’s promise of equal protection. For the reasons explained below, we conclude that Plaintiffs have stated a claim upon which relief could be granted against the Wake County Board of Elections and that the district court therefore erred in dismissing their suit.

We’ll be updating this post shortly, but you can read the decision here.

News

voteThe justices of the U.S. Supreme Court today agreed to hear yet another election law case, this time from Texas and concerning the “one-person one vote” principle of the 14th Amendment.

That’s the rule requiring that to the extent possible voting districts be drawn with same-sized populations  — so that one person’s voting power is roughly equivalent to another person’s within a state.

Here’s more from Rick Hasen at the Election Law Blog:

In a surprise move, the Supreme Court agreed to hear an appeal from a three judge court in Evenwel v. Abbott, a one-person, one vote case involving the counting of non-citizens in the creation of electoral districts. Ed Blum, the force behind the Fisher anti-affirmative action case and the Shelby County case striking down a key portion of the Voting Rights Act is also behind this case. The question involves whether Texas can draw districts using total population rather than total voters, an issue especially important given non-citizen Latinos living in parts of Texas. The claim is that representatives from these areas with non-citizens get too much moving power. A ruling in favor of the challengers would be a boost for areas with fewer numbers of non-citizens living there.

News

VoteIn an order issued today, the state Supreme Court has expedited its reconsideration of the redistricting case, Dickson v. Rucho, in light of the U.S. Supreme Court’s April 20 remand.

That order from the nation’s highest court came on the heels of its decision in a similar case, Alabama Legislative Black Caucus v. Alabama, in which the justices ruled 5-4 that the Voting Rights Act did not require states to use mechanical formulas or quotas when drawing voting lines.

In the North Carolina case, briefing is now scheduled through July with oral argument to take place on August 31, 2015.

In today’s order, the state justices limited briefing and argument to “the applicability of” the ruling in the Alabama case to Dickson, leaving open the question of finality of any ruling following argument in August.  The court could conceivably send the case back to the three-judge redistricting panel for further findings.

The order is here:

Redistricting order

 

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News

In papers filed with the state Supreme Court yesterday, lawmakers told the justices there was no reason to expedite proceedings in the North Carolina redistricting case, Dickson v. Rucho, sent back here last week by the U.S. Supreme Court — at least not within the time frame that challengers to the state’s redistricting plan want.

That order by the nation’s highest court came on the heels of its earlier decision in a similar case out of Alabama, in which the justices held that the Voting Rights Act required lawmakers to assess whether minorities had the ability to elect a preferred candidate of choice and to draw voting lines in order to facilitate that goal — not, as Alabama had done, to achieve specific numerical minority percentages.

North Carolina lawmakers operated under the same mistaken premise when designing the state’s 2011 plan, according to challengers.

Here’s Eddie Speas, one of the attorneys representing those challengers:

One of the things we think is important in the Alabama case is that the Alabama legislature engaged in a mechanical process when drawing districts that is inconsistent with the sensitive, strict scrutiny and narrow tailoring that the Supreme Court said has to happen in these redistricting plans.

And North Carolina lawmakers were guilty of this sin twice: First they adopted the rule that they would draw majority – minority districts in numbers proportional to the state’s black population. And then they drew each of those districts to have at least 50 percent total black voting age population.

Just after the Supreme Court order sending the case back, plan challengers asked the state’s high court to expedite the case — hoping to get a final resolution and any necessary redistricting changes in place in time for elections in 2016.

Lawmakers opposed that request yesterday, arguing that they needed time to fully brief the arguments they managed already to outline for the court and citing, ironically, scheduling conflicts they had with trial dates in the federal voter suppression cases.

(Several of the attorneys for the plan’s challengers are also involved in the federal cases.)

It’s been rare in recent history for the state Supreme Court to hear cases during the summer months.

However, with Chief Justice Mark Martin at the helm, the court has begun taking certain cases directly (bypassing the usual appeal process) and setting quick argument dates.

In October 2014, the court took up five cases for expedited review, including the challenge to the private school voucher program.

The court has also expedited argument in the appeal of the Governor’s lawsuit against the legislative leaders concerning commission appointments, setting that down for June 30.

To read the redistricting plan challengers’ request for expedited review, click here.

To read the lawmakers’ opposition, click here.

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