fbpx

4th Circuit denies legislative bid to move old redistricting case out of state court

Remember when Common Cause, the North Carolina Democratic Party and a group of voter sued lawmakers over partisan gerrymandering of the state legislative maps — and won?

Well, the group just had another win in federal court. Lawmakers had asked the 4th Circuit Court of Appeals to overturn a lower court’s order that didn’t allow them to transfer the case from state to federal court — even though the lawsuit alleged state constitutional wrongdoings. 

The underlying case was decided last year by a three-judge panel from Wake County Superior Court, which ruled the districts were illegally gerrymandered for partisan gain, violating the State Constitution. They ordered new districts be drawn, which were used in the recent primary and will be used again in the upcoming election.

The 4th Circuit three-judge panel presiding over the related appellate case released their opinion today after January arguments in Richmond. The judges are Judge Roger Gregory, Judge Diana Gribbon Motz — both appointed by former President Bill Clinton — and Judge Julius Richardson, a President Donald Trump appointee.

“To support their removal, the legislators claimed, among other reasons, that they possess an enforcement role with respect to state laws,” the ruling states of one of the main arguments before them. “We disagree and conclude that they have failed to explain why they are enforcement officers.” The other argument before the judges had to do with the lower court declining to award the plaintiffs in the case fees and costs, and they agreed with that decision. Read the full order below.

 

Common Cause 4th Circuit (Text)

Load More Related Articles
Load More By Melissa Boughton
Load More In Courts & the Law

Top Stories from NCPW

  • News
  • Commentary

North Carolina’s ranking as the best state in the nation to do business doesn’t square with… [...]

The forest lay still, save for the rustling of leaves of bamboo. It was in a clearing… [...]

Senate Judiciary Committee questions Todd Ishee before voting on his appointment later today. As state senators… [...]

U.S. House Republicans passed a bill Friday to force the White House to make more federal… [...]

January has been yet another warm month in North Carolina and across much of the rest… [...]

Read the story that inspired this John Cole cartoon. The post Emissions. appeared first on NC… [...]

The United States has averaged more than one mass shooting per day since January 2022, but… [...]

There are many factors that go into building and sustaining a strong and healthy democracy: free,… [...]

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to The Pulse and you must include the author’s name in your republication.

If you have any questions, please email [email protected]

License

Creative Commons License AttributionCreative Commons Attribution
4th Circuit denies legislative bid to move old redistricting case out of state court