House Plan May Lead to Lawsuits

Republican leaders have expressed interest in filing lawsuits for both violation of House Rules and the unconstitutionality of the districts.

Many Republicans vocalized their outrage on the floor Thursday when House Speaker Jim Black, D-Mecklenburg, cut off debate and refused to hear amendments to the redistricting bill.

On Thursday, the House passed the bill -- which is the basis for political control of the state House -- by a 63-57 vote along party lines. The Democratic plan now contains 15 majority-black districts.

Republicans claim Black violated a House Rule that states that debate can only be cut off if a majority of legislators agree and a motion is filed to call the question. Rep. Art Pope, R-Wake, said Republicans are considering a lawsuit against Black but would not comment on the details. "(Black) acted like a petty tyrant," he said. "He was afraid that the majority of the House would vote for amendments that he didn't want."

But Democrats say Black's actions were justified by Rule Six of the House Rules, which allows the speaker to have "general direction of the House."

House Speaker Pro Tem Joe Hackney, D-Orange, said there are no grounds for the Republican complaint because debate was cut off repeatedly while the House was controlled by the Republicans. "In the 1995-1996 session, debate was cut off 187 times," Hackney said. "I was there."

Black could not be reached for comment.

Ferrel Guillory, director of UNC's Program on Southern Politics, Media and Public Life, said the potential lawsuit against Black is abnormal.

He said he is concerned about the precedent if the court upheld a lawsuit. He said representatives should be held accountable by other legislators.

But Rep. Sam Ellis, R-Wake, said Black failed to follow the House rules and procedures. "If Jim Black wanted to cut off debate he needed to do it through a motion of the entire assembly."

Ellis said the lawsuit might call for Black's speakership to be suspended and for the redistricting bill to be sent back to the House for further debate.

Ellis added that plans also are being made to challenge the redistricting legislation on constitutional grounds.

But Guillory said it is difficult to predict the constitutionality of districts because there are mixed precedents.

"Under the Voting Rights Act, (legislators) can't regress or go backward in minority representation, but the Supreme Court has said race can't be the predominant factor in redistricting," he said.

Guillory said the potential lawsuits would draw out the redistricting debate. "Hopefully there will be some resolution eventually so we can have an election."

The State & National Editor can be reached at stntdesk@unc.edu.