Thread by @DemocracyDocket

🚨⚖️COURT ALERT: Lawsuits challenging North Carolina's new legislative and congressional maps go to trial today. #ncpol

Here's what you need to know.👇🧵

In this trial, the plaintiffs are trying to prove that NC's new legislative and congressional maps are gerrymandered to benefit Republicans and dilute the voting strength of Black voters, violating the state constitution.

First, let's clear up why North Carolina courts can even hear partisan gerrymandering claims. In 2019, SCOTUS held in Rucho v. Common Cause that partisan gerrymandering claims are non-justiciable political issues — meaning that *federal* courts CANNOT hear these claims.

However, SCOTUS's decision left the door open for state courts to hear partisan gerrymandering claims based on state laws and constitutions. Bans and decisions regarding partisan gerrymandering are now left to the states, barring any new federal legislation on the issue.

In 2019, the North Carolina state appeals court found that partisan gerrymandering violates the state constitution’s guarantee of free elections. This means that partisan gerrymandering claims against redistricting maps CAN happen in NC — just in state courts.

Side note: North Carolina has been a major part of significant redistricting cases. The state was at the center of 4 SCOTUS cases that changed how the country draws maps:
⚖️Thornburg v. Gingles (1986)
⚖️Shaw v. Reno (1993)
⚖️Cooper v. Harris (2017)
⚖️Rucho v. Common Cause (2019)

You can learn more about these 4 redistricting lawsuits + others that changed how America redistricts in our Explainer👇
democracydocket.com/explainers/nin…

Redistricting in North Carolina is controlled by state lawmakers — meaning that the people being elected in these districts are drawing the districts. While the lawmakers claim that partisan data was not considered when drawing maps, the districts suggest a different story.

Despite the fact that North Carolina is split almost 50/50 Republican and Democrat in statewide 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

The maps also crack Democratic areas in ways that can only be explained by partisan gerrymandering. For example, 3 of the state’s most heavily Democratic counties — Mecklenburg, Wake and Guilford — are the only counties trisected in the state's congressional map.

Voting rights advocates also argue that the state's legislative maps were drawn to secure Republican majorities in the state House and state Senate by wide margins. Additionally, they argue the maps were drawn to dilute Black voting strength in the state.

So voters sued to get fair maps, resulting in these lawsuits:

⚖️North Carolina League of Conservation Voters (NCLCV) v. Hall: democracydocket.com/cases/north-ca…

⚖️Harper v. Hall: democracydocket.com/cases/north-ca…

NCLCV👇

PLAINTIFFS: NCLCV & NC voters
DEFENDANTS: Lawmakers who drew the map, the state of North Carolina & the State Board of Elections
CLAIM: The 2021 congressional & legislative maps are partisan gerrymanders that dilute Black voting strength and violate the NC Constitution.

HARPER👇

PLAINTIFFS: North Carolina voters
DEFENDANTS: Lawmakers who drew the map and the State Board of Elections
CLAIM: The 2021 congressional & legislative maps are extreme Republican gerrymanders that violate multiple provisions of the NC Constitution.

The plaintiffs in Harper v. Hall also sued NC over the 2016 congressional map. The 2016 map had a 10-3 Republican to Democrat split and the court found that it was an unconstitutional partisan gerrymander. democracydocket.com/cases/north-ca…

Common Cause intervened in the case, joining the plaintiffs. They argue that the state & congressional maps are partisan gerrymanders & were drawn with intentional racial discrimination in violation of the NC Constitution.

Read their complaint here👇 democracydocket.com/wp-content/upl…

Earlier this month, the plaintiffs asked the court for a preliminary injunction (PI) on the maps as legal challenges continue. The PI would prohibit the use of the maps in elections until the lawsuits are resolved.

The PI motion was initially denied by the state trial court. The decision was appealed, and eventually the North Carolina Supreme Court granted a preliminary injunction, temporarily staying the candidate filing period while the cases are litigated.

Which brings us to today. The trial challenging the legislative and congressional maps starts this morning. The trial will last from Jan. 3-5, 2022 and closing arguments will happen on Jan. 6, 2022.

During the trial, you can expect both sides — voting rights advocates and Republican state officials — to make their arguments. The plaintiffs are trying to show that the maps are unfair and violate the state constitution. GOP lawmakers will defend the maps as they are.

The plaintiffs' goal is to get the court to strike down the maps and order the creation of new fair maps. The defendants want the legislature's maps to stay in place.

After the trial ends, the court will consider all the arguments presented and decide if the legislative and congressional maps are constitutional or not. The NC Supreme Court ordered that a decision must be made by Jan. 11, 2022.

Watch this space for updates and stream the trial here: wral.com/tap-to-watch-j…

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