Even though the North Carolina General Assembly has been less active this week in terms of legislative action, here's what you might have missed:
North Carolina gerrymandering returns to court
The U.S. Supreme Court on Tuesday issued a partial stay in the North Carolina v. Covington case, blocking a voting map drawn by a federal court after claims the General Assembly wrongly used racial gerrymandering and violated state law.
Chief Justice John Roberts, who hears emergency petitions like this one, delivered the partial stay on district revisions of House districts in Wake County and Mecklenburg County only, pending the appeal to the Supreme Court. The five districts in those counties that had conflict were alleged to have violated a provision in the state constitution regarding redistricting timetables. Roberts gave no reasoning for his decision.
The order also mentioned by name Justices Clarence Thomas, Samuel Alito, Ruth Bader Ginsburg and Sonia Sotomayor, detailing what position the justices took on the decision. It noted that Thomas and Alito would grant the application for a stay in its entirety and Ginsburg and Sotomayor would deny the application for a stay in its entirety. It gave no reasoning for these positions either.
There was no mention of Justices Elena Kagan, Anthony Kennedy, Stephen Breyer or the newly-appointed Neil Gorsuch.
Tuesday’s order means the lower court’s ruling will stay in effect for the time being during the appellate process, leaving in place replacement maps drawn up by Nathaniel Persily of Stanford University, referred to in court documents as “Special Master.”
This legal process started after the 2010 census led to redistricting efforts in the N.C. Legislature, which have been in court multiple times — first in Dickson v. Rucho, then in Cooper v. Harris (formally McCrory v. Harris), then the first North Carolina v. Covington case, and now the current proceedings.
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