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North Carolina Court panel unanimously throws out GOP gerrymandered legislative district maps

senseamp

Lifer
Feb 5, 2006
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https://www.charlotteobserver.com/news/politics-government/article234668747.html
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.”
This is great news for NC, but also huge for national politics because legislature elected in 2020 will draw Congressional maps post 2020 census.
In 2016, Trump won NC 50.46% of NC vote, but Republicans won 10 of 13 (77%) of NC Congressional seats, and were bragging that was only because they couldn't draw maps to make it 11 out of 13.
 

JSt0rm

Lifer
Sep 5, 2000
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I don’t want dems to stack it. The districts should be drawn so people have representation.
 

Jhhnn

No Lifer
Nov 11, 1999
61,134
13,079
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I don’t want dems to stack it. The districts should be drawn so people have representation.
Gawd. The GOP has gerrymandered the living shit out of N Carolina & you manage a backhanded bothsides.
 
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JSt0rm

Lifer
Sep 5, 2000
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Gawd. The GOP has gerrymandered the living shit out of N Carolina & you manage a backhanded bothsides.
I’m not saying the dems will. I’m saying I hope we don’t do the same undemocratic bullshit they pull.
 

Sunburn74

Diamond Member
Oct 5, 2009
4,094
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https://www.charlotteobserver.com/news/politics-government/article234668747.html


This is great news for NC, but also huge for national politics because legislature elected in 2020 will draw Congressional maps post 2020 census.
In 2016, Trump won NC 50.46% of NC vote, but Republicans won 10 of 13 (77%) of NC Congressional seats, and were bragging that was only because they couldn't draw maps to make it 11 out of 13.
I hope the SCOTUS stays out of this decision and it becomes a precedent for people to follow for the long term.
 

JSt0rm

Lifer
Sep 5, 2000
27,402
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The SCOTUS took themselves out of in June.
I think that was a different case and taking themselves out of that case was good for the gop. Since this one will be bad for the gop watch what happens.
 
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sactoking

Diamond Member
Sep 24, 2007
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No chance SCOTUS gets involved. Notwithstanding their recent decision stating districting is a state level function and they'd have to 180 that to get involved, this is a state level decision based on a state constitution. Only way for SCOTUS to get involved would be to say the state constitution violates the federal and they're not going to go there on a "one person one vote" issue like this.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
101,026
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I hope the SCOTUS stays out of this decision and it becomes a precedent for people to follow for the long term.
It's a state constitution decision, scotus is actually inferior to a north carolina trial court in this matter (and in fact would have no jurisdiction - it's a citizen of north carolina vs. state of north carolina deciding a north carolina legal question. so there's no diversity jurisdiction nor a federal question involved).
 
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dawp

Lifer
Jul 2, 2005
10,313
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so far the GOP has said that while they disgree with the decision, they will not appeal it as the state supreme court has a democrat majority and will not reverse this.
 

dawp

Lifer
Jul 2, 2005
10,313
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It's a state constitution decision, Scotus has no ability to weigh in.
the only way the supremes would take this up is if the federal constitution outweighs the state one and here it doesn't do that.
 

senseamp

Lifer
Feb 5, 2006
34,660
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It's a state constitution decision, scotus is actually inferior to a north carolina trial court in this matter (and in fact would have no jurisdiction - it's a citizen of north carolina vs. state of north carolina deciding a north carolina legal question. so there's no diversity jurisdiction nor a federal question involved).
Bush v Gore says hello.
 
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dank69

Lifer
Oct 6, 2009
26,062
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No chance SCOTUS gets involved. Notwithstanding their recent decision stating districting is a state level function and they'd have to 180 that to get involved, this is a state level decision based on a state constitution. Only way for SCOTUS to get involved would be to say the state constitution violates the federal and they're not going to go there on a "one person one vote" issue like this.
Yeah, insanely hypocritical reasoning from the conservative members is unheard of, haha.
 
Feb 4, 2009
27,914
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I’m the opposite of jstorm
Gerrymander the shit out of it. Only way to teach deplorable’s lessons is to beat the crap out of them.
Then they will come to the table to agree to something that works. That agreement needs to be concise and easy to understand otherwise they’ll backslide on it.
 

fskimospy

Elite Member
Mar 10, 2006
70,169
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Yeah, insanely hypocritical reasoning from the conservative members is unheard of, haha.
Yes, if there's one thing they would never do it's that. I mean it's not like they would rule on one day that the Voting Rights Act was largely unconstitutional because policy circumstances no longer required it and then the next day argue that SCOTUS has no place to second guess what Congress thinks is necessary when it comes to the Defense of Marriage Act.

https://www.theatlantic.com/politics/archive/2013/06/scalia-doma-vs-vra/313859/

No sir.
 

Commodus

Diamond Member
Oct 9, 2004
7,878
4,876
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I’m the opposite of jstorm
Gerrymander the shit out of it. Only way to teach deplorable’s lessons is to beat the crap out of them.
Then they will come to the table to agree to something that works. That agreement needs to be concise and easy to understand otherwise they’ll backslide on it.
I don't think you have to. The whole reason Republicans gerrymander in the first place is because they know they'll likely lose in a fair election. Institute fair districting and you "beat the crap out of them" while also giving them less fodder for future election rigging efforts.
 
Feb 4, 2009
27,914
8,385
136
I don't think you have to. The whole reason Republicans gerrymander in the first place is because they know they'll likely lose in a fair election. Institute fair districting and you "beat the crap out of them" while also giving them less fodder for future election rigging efforts.
Bold part is what they give zero fucks about.
They are playing a different game with different rules than us. We need to accept it and adapt.
 

dank69

Lifer
Oct 6, 2009
26,062
6,043
136

Jhhnn

No Lifer
Nov 11, 1999
61,134
13,079
136
Yes, if there's one thing they would never do it's that. I mean it's not like they would rule on one day that the Voting Rights Act was largely unconstitutional because policy circumstances no longer required it and then the next day argue that SCOTUS has no place to second guess what Congress thinks is necessary when it comes to the Defense of Marriage Act.

https://www.theatlantic.com/politics/archive/2013/06/scalia-doma-vs-vra/313859/

No sir.
Those were totally different issues.
 

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