The Gerrymandering Battle Rages On

Supreme Court Chief Justice John Roberts may have removed federal courts from having any role in gerrymandering fights back in June, but all that means is that by leaving these battles to the states that the state courts can now play for keeps, as the NC GOP just found out the hard way.

North Carolina’s political maps for the state legislature are unconstitutional and must be redrawn before the 2020 elections, a court has decided. 

A panel of judges struck down the maps Tuesday, in a 357-page ruling that focused on the level of political partisanship used to draw them. The maps were drawn in 2017 to replace previous maps, drawn in 2011, that had also been ruled unconstitutional. Both sets of maps were drawn by North Carolina’s Republican-led legislature. 

The judges found that “The North Carolina Supreme Court has long and consistently held that ‘our government is founded on the will of the people,’ that ‘their will is expressed by the ballot.’” 

And that fact helped the judges conclude that the maps violated the state constitution because “it is the carefully crafted maps, and not the will of the voters, that dictate the election outcomes in a significant number of legislative districts and, ultimately, the majority control of the General Assembly.” 

Tuesday’s decision may be the final word in this legal battle, since at least one top Republican lawmaker said he doesn’t plan to appeal the ruling. 

“This is a historic victory for the people of North Carolina,” said Bob Phillips, executive director of Common Cause North Carolina, one of the groups that sued to overturn the maps. “The court has made clear that partisan gerrymandering violates our state’s constitution and is unacceptable. Thanks to the court’s landmark decision, politicians in Raleigh will no longer be able to rig our elections through partisan gerrymandering.” 

The three-judge panel was unanimous in its ruling. The panel consisted of two Democrats — Paul Ridgeway of Wake County and Alma Hinton of Halifax County — and one Republican, Joseph Crosswhite of Iredell County. 

“The conclusions of this Court today reflect the unanimous and best efforts of the undersigned trial judges — each hailing from different geographic regions and each with differing ideological and political outlooks — to apply core constitutional principles to this complex and divisive topic,” they wrote.

Of course, the battle in NC is far from over, as Republicans overwhelmingly have control of the state House and Senate to redraw the maps, but thanks to the Roberts Court, NC Republicans can't cry foul.  The entire reason this ruling came about was that the GOP won in June, forcing the federal ruling against NC's gerrymandered districts to go back to state court. 

And hey, given that the federal and state judges found massively, overwhelming evidence of gerrymandering so egregious that it violated North Carolina's state constitution, it was a no-brainer (although not a given) that the state court this time would find the same thing.

Redrawing Pennsylvania's districts made a huge difference a few years ago.  Now it seems North Carolina will get a turn at fairness.