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North Carolina court appears poised to overrule itself in gerrymandering case
https://www.yahoo.com/news/north-carolina-court-appears-poised-200805403.htmlThe North Carolina supreme court heard oral arguments on Tuesday in a major gerrymandering case that could have significant implications for US voting rights.
In a highly unusual move, the North Carolina court appears poised to overrule itself and get rid of congressional and state legislative districts it approved last year. The GOP-drawn map that was struck down could have produced a 11-3 advantage for Republicans in the congressional delegation. The one that replaced it was far less advantageous to the GOP and wound up producing a 7-7 split in the 2022 midterm elections. The court’s decision would probably allow Republicans to get a more advantageous map back in place.
Demonstrators gathered outside the state supreme court in Raleigh on Tuesday as the justices heard oral arguments in the case, Harper v Hall. Much of the back-and-forth at the hearing focused on whether there were metrics the court could use to measure partisan gerrymandering. Phil Strach, a lawyer for the legislature, argued that because there were no clear metrics, it was not something the court could regulate.
Anita Earls, a Democrat on the court, pushed Strach to explain whether that meant the legislature could essentially do whatever it wants when it comes to drawing districts. If the state legislature were to adopt a rule that explicitly said any congressional plan had to result in an 11-3 advantage for Republicans, she asked, could the state supreme court do anything to stop it? Strach suggested it could not.
In a highly unusual move, the North Carolina court appears poised to overrule itself and get rid of congressional and state legislative districts it approved last year. The GOP-drawn map that was struck down could have produced a 11-3 advantage for Republicans in the congressional delegation. The one that replaced it was far less advantageous to the GOP and wound up producing a 7-7 split in the 2022 midterm elections. The court’s decision would probably allow Republicans to get a more advantageous map back in place.
Demonstrators gathered outside the state supreme court in Raleigh on Tuesday as the justices heard oral arguments in the case, Harper v Hall. Much of the back-and-forth at the hearing focused on whether there were metrics the court could use to measure partisan gerrymandering. Phil Strach, a lawyer for the legislature, argued that because there were no clear metrics, it was not something the court could regulate.
Anita Earls, a Democrat on the court, pushed Strach to explain whether that meant the legislature could essentially do whatever it wants when it comes to drawing districts. If the state legislature were to adopt a rule that explicitly said any congressional plan had to result in an 11-3 advantage for Republicans, she asked, could the state supreme court do anything to stop it? Strach suggested it could not.
