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Old Today, 05:58 PM
 
Location: Long Island
33,875 posts, read 14,261,258 times
Reputation: 7278

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Strange that this didn't get much play, I thought it was over after SCOTUS backed off.


Two weeks to redraw the maps, not much time.


Quote:
The Supreme Courtís conservatives said gerrymandering was not a matter for courts, leaving the job of protecting democratic self-rule to state judges.

Three state judges on a North Carolina trial court just did what a majority on the United States Supreme Court said was impossible only a few months ago ó apply well-established legal standards to strike down some of the most egregious partisan gerrymanders in the country.
The state court judgesí 357-page ruling applies to the North Carolina state legislature, the General Assembly, which now has two weeks to come up with new, fairer maps for state legislative districts. It also sends a broader message to the justices in Washington, and to state judges everywhere: See? Protecting democracy from self-interested, power-hungry politicians isnít so hard after all.



https://www.nytimes.com/2019/09/04/o...mandering.html

Last edited by Goodnight; Today at 07:08 PM.. Reason: change title
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Old Today, 06:12 PM
 
Location: Port Charlotte, FL - Pasadena, People's Republic of Maryland
3,005 posts, read 2,902,388 times
Reputation: 2490
Good news. If only all the states followed suit.
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Old Today, 06:21 PM
 
Location: DMV Area/NYC/Honolulu
12,882 posts, read 6,626,284 times
Reputation: 12435
Thankfully, in North Carolina the legislature alone controls the redistricting process; under the state constitution, the governor neither consents to or can veto redistricting bills. I predicted that this could be an outcome at the state level (for state legislative districts). But that state courts would have a more difficult time applying such a principle to the redrawing of congressional district lines.

Ultimately, the legislature can still draw favorable lines for the party in power (the GOP) due to the population centers/makeup of the state. Note, state courts may want to be careful with how far they push or federal courts may have to step in again over a constitutional issue. The Supreme Court held this year that Congress or states could choose to hamper excessive partisan gerrymandering. Push too far, and we have states (particularly state courts)/Congress upset an important constitutional balance. Note, the Court essentially held that federal courts couldn't not hear the merits of a partisan gerrymandering case as it was a political issue. However, it becomes a legal issue when a court (in this case, a state court) decides to enter into the arena and rule against the political branch that enacted the legislation. NC can try to couch this as being in line with the NC Constitution equivalent to the First Amendment, but federal courts do have the right to both apply the federal First Amendment to the states and to interpret state constitution equivalents if they find that such equivalents don't vary in scope or context from the federal amendment.
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Old Today, 06:27 PM
 
Location: Eastern NC
19,772 posts, read 17,975,588 times
Reputation: 17625
Good! I am tired of Republicans in this state constantly cheating to win. About time the courts slapped them down a notch.
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Old Today, 06:46 PM
 
Location: Long Island
33,875 posts, read 14,261,258 times
Reputation: 7278
Quote:
Originally Posted by prospectheightsresident View Post
Thankfully, in North Carolina the legislature alone controls the redistricting process; under the state constitution, the governor neither consents to or can veto redistricting bills. I predicted that this could be an outcome at the state level (for state legislative districts). But that state courts would have a more difficult time applying such a principle to the redrawing of congressional district lines.

Ultimately, the legislature can still draw favorable lines for the party in power (the GOP) due to the population centers/makeup of the state. Note, state courts may want to be careful with how far they push or federal courts may have to step in again over a constitutional issue. The Supreme Court held this year that Congress or states could choose to hamper excessive partisan gerrymandering. Push too far, and we have states (particularly state courts)/Congress upset an important constitutional balance. Note, the Court essentially held that federal courts couldn't not hear the merits of a partisan gerrymandering case as it was a political issue. However, it becomes a legal issue when a court (in this case, a state court) decides to enter into the arena and rule against the political branch that enacted the legislation. NC can try to couch this as being in line with the NC Constitution equivalent to the First Amendment, but federal courts do have the right to both apply the federal First Amendment to the states and to interpret state constitution equivalents if they find that such equivalents don't vary in scope or context from the federal amendment.
Good points, we will see where this ends up.
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