BREAKING: SCOTUS partially stays new North Carolina legislative maps. Thomas & Alito would have stayed in entirety. Ginsburg & Sotomayor would denied stay in entirety. #ncpol#fairmaps 1/
Stay by SCOTUS is as to special master's revision of state house districts in Wake & Mecklenburg counties. #ncpol#fairmaps 2/
The issue in Wake & Mecklenburg counties was that the NC legislature altered districts that were not found to be racial gerrymanders or that abutted districts that were racial gerrymanders. #ncpol#fairmaps 3/
The plaintiffs in the case contended that violated the North Carolina constitution's ban on mid-decade redistricting since changes were not required as remedy for racial gerrymandering. #ncpol#fairmaps 4/
The special master redrew the legislative maps to restore the 2011 configuration of 4 districts in Wake Co & 1 district in Mecklenburg Co and trial court approved - trial court's order here: brennancenter.org/sites/default/…#ncpol#fairmaps 5/
Relevant excerpts of trial court's Wake & Mecklenburg order (stayed today by SCOTUS) attached here for reference. #ncpol#fairmaps 6/
Today's SCOTUS stay in North Carolina, however, left in place changes made to SD 21, SD 28, HD 21, and HD 57, where the trial court found the NC lege had not adequately remedied racial gerrymanders. #ncpol#fairmaps 7/
So, in short, a split decision - a win for plaintiffs on the fixes made remedy racial gerrymandering, a stay pending appeal on mid-decade redistricting challenge in Wake & Mecklenburg counties. #ncpol#fairmaps 8/
BTW, the SCOTUS stay on the mid-decade claims in Wake & Mecklenburg doesn't mean the claims don't have merit. It could simply be a standing issue - and, in fact, NC Republicans argued standing to SCOTUS. #ncpol#fairmaps 9/
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Partisan gerrymandering returns to SCOTUS today as the North Carolina legislative defendants are due to file their jurisdiction statement asking the Justices to hear the case. We’ll post it here 👇when it is available: brennancenter.org/legal-work/com…#fairmaps#ncpol 1/
The NC legislative defendants are asking SCOTUS to overturn the ruling of a three-judge panel striking down North Carolina’s congressional map as a partisan gerrymander. That ruling here: brennancenter.org/sites/default/…#fairmaps#ncpol 2/
What ordinarily happens next under the Supreme Court rules is that the plaintiffs have 30 days (until Nov 1) file a motion asking SCOTUS to decide the case without oral argument. The plaintiffs could waive the right to file such a motion, but that’s rare. #fairmaps#ncpol 3/
BREAKING: Federal court rules that plaintiffs in North Carolina partisan gerrymandering case have standing to pursue claims (with one exception) and affirms earlier ruling that congressional map is unconstitutional. brennancenter.org/sites/default/…#fairmaps 1/
Decision is 2-1, with Judge Osteen dissenting. Majority opinion runs to 294 pages. #fairmaps 2/
Court says it has not yet decided whether to give the North Carolina legislature the opportunity to attempt to redraw congressional map, but says that if the NC lege wants to redraw map it needs to finish process by 9/17 at 5 p.m. #fairmaps 3/
So here’s one way to think of the differences over what it would take for Democrats to win a majority in 2018.
Imagine that there is a 10.6 foot wall. Democrats somehow need to get over that wall to get a majority. #fairmaps 1/
Now, one way to do so would be to build a 10.6 foot ladder - or better yet an 11 foot one because a bit of extra is helpful in these things. #fairmaps 2/
But some think, we’ll, maybe you won’t need a 10.6 foot ladder because it’s been raining a lot and I think there are probably going to be some mudslides that push up against the wall. Ds may only need a 7-8 foot ladder. #fairmaps 3/
Democrats could win a majority in the U.S. House this November, but thanks to gerrymandering, doing so would require a near unprecedented win in the national vote. @lauraroyden and I explain in today's NYT: nytimes.com/2018/03/25/opi…#fairmaps 1/
For more detail, here's the study that @lauraroyden, @yurijrudensky, and I wrote looking at the impact of extreme gerrymandering on the 2018 midterm. #fairmaps 2/
We find that to be favored to win back a majority, Democrats would need to win the national vote by nearly 11 points (i.e., 55.5% to 45.5%). That would be a larger margin than either the 2006 D wave or the 2010 R wave. #fairmaps 3/
This week will be a momentous one on the redistricting front - with action in legal challenges to two of the worst congressional maps of the decade: Pennsylvania & North Carolina. #fairmaps 1/
In PA, the Pennsylvania Supreme Court will hear oral arguments on 1/17 in a challenge seeking to have the state's congressional map invalidated as a partisan gerrymander under state law. #fairmaps 2/ brennancenter.org/legal-work/lea…
Although several other ongoing cases in federal court challenging various maps under federal law, the Pennsylvania case is the first major case to raise a challenge under state constitutional law - which makes it worth watching for several reasons. #fairmaps 3/
BREAKING: North Carolina congressional map struck down as partisan gerrymander. #fairmaps
Map struck down was North Carolina’s second congressional map of the decade. First was invalidated as racial gerrymander. Lege redrew but required new map to maintain 10-3 GOP advantage. #fairmaps 2/