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Swordsmyth
08-27-2018, 09:31 PM
A three-judge panel in North Carolina on Monday struck down the state’s Republican-drawn redistricting map as an unconstitutional partisan gerrymander for the second time this year.
The U.S. District Court for the Middle District of North Carolina ruled
Republicans had redrawn the map to unconstitutionally favor their party. The panel reached the same conclusion in January, and the case ultimately made its way to the Supreme Court.


But the justices in June sent the issue back down to the lower court to re-examine whether the plaintiffs had standing to sue in light of their decision in another partisan gerrymandering case out of Wisconsin.
The North Carolina court said the Wisconsin case did not call into question — and, if anything, supported — its previous determination that challengers had standing to assert partisan gerrymandering claims.
In writing the majority opinion, which Judge William Earl Britt joined, Judge James Wynn said partisan gerrymanders “raise the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace” because they “intentionally seek to entrench a favored party in power and make it difficult – if not impossible – for candidates of parties supporting disfavored viewpoints to prevail.”
“That is precisely what the Republican-controlled North Carolina General Assembly sought to do here,” he said.
Wynn said legislative defendants drew a plan designed to subordinate the interests of non-Republican voters not because they believe doing so advances any democratic, constitutional, or public interest, but because, as the chief legislative map drawer openly acknowledged, the General Assembly’s Republican majority “thinks electing Republicans is better than electing Democrats.”
“But that is not a choice the Constitution allows legislative map drawers to make,” he said. “Rather, ‘those who govern should be the last people to help decide who should govern.’”


The court said it has not yet decided if it’s going to give the General Assembly another chance to draw a constitutionally compliant redistricting plan. The court has given Republican state officials until Aug. 31 to file briefs arguing why it should.
If the court agrees to give state officials another chance to draw new maps, Wynn said it will not consider any remedial plans enacted after 5 p.m. on Sept. 17.
But given the Nov. 6 midterm elections are fast-approaching, Wynn said the court finds it appropriate to take steps to ensure the timely availability of an alternative plan to use. He said a special master will be appointed “in short order” to help the court draw a remedial plan, which will be used if the court decides not to give North Carolina officials another chance to redraw the maps or if the maps they draw fail to remedy the constitutional violation.
The case could find its way back before the Supreme Court, which is now split 4-4 along ideological lines following Justice Anthony Kennedy’s retirement.

More at: http://thehill.com/homenews/state-watch/403890-judge-strikes-down-north-carolina-district-maps-as-unconstitutional

Swordsmyth
09-01-2018, 02:07 AM
President Donald Trump said Friday that the prospect of North Carolina drawing new congressional districts just weeks before the November midterm elections is "unfair."A panel of federal judges this week struck down the state's congressional map, saying Republican state legislators went too far in using political data to preserve GOP-held seats. The judges raised the possibility of drawing new districts by mid-September so they can be used in the Nov. 6 elections, or at least before the new Congress is seated in January.
Republicans are objecting to the plan, which comes as the party — and Trump — fight to defend the GOP House majority.
Trump addressed the redistricting issue during a fundraising appearance in Charlotte for a pair of GOP congressional candidates.
"I think it's unfair with this whole redistricting thing they're doing in North Carolina. How unfair is that?" he said.
"It's very unfair. You have an election in a little more than 60 days and they change the district on you? And you've already won primaries. How does that work? The court system, OK. How does that work?" Trump said. "You've all gone through primaries or most of you have. It's been districted for many years and now you have to redraw lines to have a new district even though you won a primary in another district?"
Trump added: "I don't know. There has to be something going on there."

More at: https://www.yahoo.com/news/trump-set-sign-executive-order-042108317.html

spudea
09-01-2018, 02:44 AM
What a crock, the only unconstitutional issue I see here is unelected men in black robes thinking they are the legislature.

CaptUSA
09-01-2018, 07:45 AM
Progressives always whine about “fairness”.

Swordsmyth
09-01-2018, 12:46 PM
What a crock, the only unconstitutional issue I see here is unelected men in black robes thinking they are the legislature.


Progressives always whine about “fairness”.

I wouldn't frame it as a "fairness" issue but there is a big practicality issue, it is unreasonable to change the districts so close to an election, you will probably strand nominees outside the district they are running in and potential nominees in the new districts never had a chance to run in them.

devil21
09-01-2018, 12:52 PM
President Donald Trump said Friday that the prospect of North Carolina drawing new congressional districts just weeks before the November midterm elections is "unfair."A panel of federal judges this week struck down the state's congressional map, saying Republican state legislators went too far in using political data to preserve GOP-held seats. The judges raised the possibility of drawing new districts by mid-September so they can be used in the Nov. 6 elections, or at least before the new Congress is seated in January.
Republicans are objecting to the plan, which comes as the party — and Trump — fight to defend the GOP House majority.
Trump addressed the redistricting issue during a fundraising appearance in Charlotte for a pair of GOP congressional candidates.
"I think it's unfair with this whole redistricting thing they're doing in North Carolina. How unfair is that?" he said.
"It's very unfair. You have an election in a little more than 60 days and they change the district on you? And you've already won primaries. How does that work? The court system, OK. How does that work?" Trump said. "You've all gone through primaries or most of you have. It's been districted for many years and now you have to redraw lines to have a new district even though you won a primary in another district?"
Trump added: "I don't know. There has to be something going on there."

More at: https://www.yahoo.com/news/trump-set-sign-executive-order-042108317.html

I definitely agree with Trump here.
There's been so much confusion over the redrawn districts that voters don't know which districts they're in, who their incumbent Reps are, who the challengers are, etc. The primary in May was a bit of a mess in the redrawn districts. Changing it again right before the general is cruel and unusual punishment for both candidates and voters. Tell a House candidate that 1/4 of the doors he/she has knocked on from May to November aren't in their district any more right before the general? That's messed up beyond belief.