Thread by @BowTiePolitics

Thread: As the #ncredistricting trial begins, it may be good to review the 2019 NC court decision striking down the state legislative maps drawn in 2016 as unconstitutional, based on three NC constitutional/legal principles (from my book: link.springer.com/book/10.1007/9…) #ncpol

Some background: following the ruling that the 2011 maps were racially gerrymandered, GOP #NCGA lawmakers went back to redraw the maps in 2016, with the expressed principle of using partisanship--which, at that time, was a legal approach to take (though it would be challenged).

Analysis of the 2016 maps for the NC state legislature indicated that GOP super-majorities in both #ncga chambers could be achieved & override any veto by the governor, as I note (page 132: link.springer.com/book/10.1007/9…) #ncpol #ncredistricting

Once #SCOTUS ruled that partisan gerrymandering was a "political question" best left up to the states, the case Common Cause v. Lewis took on new importance in challenging the 2016 maps, and the 2019 trial by a 3-judge panel held the maps unconstitutional. #ncpol #ncredistricting

The 3-judge panel held that the maps violated the NC Constitution, in three distinct ways:

First, the Free Elections clause, which held a fundamental right & that partisan maps diluted citizens' votes & made "the will of the map drawers...prevail." #ncpol

Second, the 2016 partisan-gerrymandered maps violated NC's constitutional "equal protection of the law" clause, by denying "the fundamental right of each NCian to substantially equal voting power."

#ncpol #ncredistricting

The third constitutional/legal rational for striking down NC's 2016 partisan gerrymandered maps was based on the state constitution's protection of freedom of speech and assembly, which the partisan maps rendered "less effective" for Democrats over Republicans. #ncpol

As the 2022 three-judge NC panel begins to evaluate the 2021 NC maps as to the claim of partisan gerrymandering, the ruling in 2019 (though not appealed at the time) may serve as important legal rational for whether or not the maps are partisan gerrymandered.

The likely difference between 2019 and 2022 is that this case *will* get appealed up to the NC Court of Appeals (GOP majority) and then to the NC Supreme Court (4-3 Democratic majority). But we'll just have to wait and see. #ncpol #ncredistricting

Again, for background as to the past 50 years of #ncredistricting and the political and legal battles that NC has gone through over redistricting, might I offer this for your consideration:

link.springer.com/book/10.1007/9…

#ncpol #fin

A clarification:

Any appeal of the trial court decision on #ncredistricting will go straight to the NC Supreme Court, as per their Dec. 8 order (and not through the usual Court of Appeals to Supreme Court route) appellate.nccourts.org/orders.php?t=P…

#ncpol

For those questioning whether this direct appeal from trial court to NC Supreme Court (skipping the Court of Appeals) is unusual or 'abnormal' for the NC judicial system, see relevant NC General Statute:

https://twitter.com/gercohen/status/1478022613272338434?s=20

#ncpol #ncredistricting