The court consolidated the two cases, Harper v. Hall and North Carolina League of Conservation Voters (NCLCV) v. Hall, into one case under the name NCLCV v. Hall.
NCLCV: "In all three maps, so long as you have results within 7 points...you are going to have baked in majorities for the incumbent [Republican] party in every chamber."
NCLCV: "These maps render elections in the state of North Carolina a formality because any time you have state-wide elections...it bakes in a single result [for Republicans]."
NCLCV: "When you have a partisan gerrymander, the point of elections isn’t to ascertain the will of the people but to make the will of the people irrelevant and entrench one party."
Judge Shirely: "When we talk about the will of the people...you're saying if we allow these maps and elections to occur and the outcome is what you project, we are ignoring the will of the people?"
NCLCV: "That's right."
NCLCV: "When you take the entire state and you’ve systematically structured the map so that one party remains in control — even if voters reject that party by a significant margin — that is the hallmark of a partisan gerrymander that's inconsistent w/ the NC state constitution."
Attorneys argue that the congressional map splits up historic communities, like the Piedmont Triad of Greensboro, Highpoint & Winston-Salem, which was done to intentionally crack Democratic voters.
Harper: "The irreparable harm here is clear. Millions of North Carolinians...won’t have the chance to elect representatives of their choice [under these maps]."
GOP Lawmakers: "The legislature realized that they could pursue partisan gerrymandering but did multiple things to literally handcuff themselves to prevent partisan gerrymandering."
And they still ended up with a 10-3-1 map in a state split almost 50-50 Democrats & Republicans?
Lawmakers argue that there is no partisan gerrymandering because election data was not fed into the map drawing programs, instead legislators relied on their own knowledge of NC's political makeup to draw districts that benefit them.
Judge Shirely: "Are there any estimates of the map in favor of Democrats?"
Lawmakers: "I haven’t seen any."
Because the map is a partisan gerrymander that benefits Republicans.
Judge: "What criteria was followed for map drawing?"
Lawmakers: "The Stevenson rules..."
Judge: "The first rule of which is that you draw VRA compliant districts first, correct?"
Lawmakers: "I wouldn't really say that's a rule."
The state is arguing that since 70% of North Carolina counties voted Republican in previous elections, it makes sense that legislative maps reflect a Republican majority.
Just a reminder that people vote, land doesn't.
Judge: "Is extreme partisan gerrymandering allowed?"
State: *Gives a long answer about why they think the maps are fair.*
Judge: "But is extreme partisan gerrymandering constitutional?"
State: "I don’t...follow an understanding of what extreme partisan gerrymandering is."
NCLCV points out geographic oddities in how the maps are drawn that can only be explained by partisan gerrymandering.
For example: 3 of state’s most heavily democratic counties — Mecklenburg, Wake & Guilford — are the only counties trisected in the state's congressional map.
The court is in recess until 2:00 PM. We'll be back with updates then!
After a bit of a delay, the hearing resumes!
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🚨⚖️COURT ALERT: A hearing will be held this morning in North Carolina regarding challenges to the state's new redistricting maps.
Here's what you need to know about the lawsuits🧵👇
There are two lawsuits involved in this hearing. Both challenge the constitutionality of the new congressional map as a partisan gerrymander. The second lawsuit also challenges the General Assembly maps and includes a racial gerrymandering claim.
Despite the fact that North Carolina is split almost 50/50 Republican and Democrat in state-wide elections, the new congressional map would overwhelming consolidate GOP power in the Tar Heel state with:
🖊10 GOP districts
🖊3 Democratic districts
🖊1 competitive district
I don't know about you, but we’re tracking 22 active lawsuits about new voter suppression bills passed so far this year. And it feels like a perfect morning to take a look at the cases and what laws they're challenging👇🧵
On March 3, 2020, Hervis Rogers stepped in line to vote in the 2020 primary at Texas Southern University, a historically Black college in Houston, Texas. After 6 hours of waiting, Rogers cast his ballot at about 1:00 AM.
Rogers was arrested for voting in the 2018 general elections and the 2020 Democratic primaries while on parole for a felony conviction. Rogers had been on parole since 2004 and his parole ended in June 2020. In Texas, people with felony convictions/on parole cannot vote.
Texas Attorney General chose to prosecute Rogers, claiming that Rogers “knowingly” voted while ineligible.
Rogers said he was unaware that he was ineligible to vote while on parole.
Texas Senate State Affairs Committee is considering 10 amendments to #SB1. After amendments are considered, the committee will vote on advancing the bill to the Senate floor. #txlege#SuppressionSession
8 amendments have been passed so far. Most amendments add clarification or make small edits to provisions in #SB1. Amendment 9 introduced by Sen. Hall (R) has been pulled due to ongoing changes to state election code. Amendment 9 will be considered on the floor. #txlege
Further clarification is needed by the Secretary of State's Office on how Amendment 9 would impact elections and the monetary cost to counties before it will be considered. #txlege
J. KAGAN, dissenting: "So the Court decides this Voting Rights Act case at a perilous moment for the Nation’s commitment to equal citizenship. It decides this case in an era of voting-rights retrenchment—when too many States and localities are restricting..." 1/4
"access to voting in ways that will predictably deprive members of minority groups of equal access to the ballot box. If 'any racial discrimination in voting is too much,' as the Shelby County Court recited, then the Act still has much to do." 2/4
"Or more precisely, the fraction of the Act remaining—the Act as diminished by the Court’s hand. Congress never meant for Section 2 to bear all of the weight of the Act’s commitments..." 3/4