On January 4th, the U.S. Supreme Court took up two long-standing partisan gerrymandering challenges on appeal from two federal district courts; one in Maryland and the other in North Carolina. The question in both of these cases was not whether there was partisan gerrymandering in the making of these maps. Instead it was whether this type of partisan gerrymandering is constitutional or not. The high court has seemed to duck and weave whenever it has been presented with this question in the past, but this time it feels different. Below is a little background to provide some context for the upcoming oral arguments.
.
Federal District Court Deadlines for MD and NC
Both courts have revised their initial orders to redraw the constitutionally defective congressional maps pending review by the U.S. Supreme Court, which agreed to hear both cases during its current term. In Maryland the District Court’s order was extended from March to July 1, 2019, the North Carolina court revised its order by granting a motion to stay the case pending the Supreme Court’s decision, provided the legislative defendants in the case do not file for “any extensions of time” while the appeal is pending.
.
Legislative Sessions in MD and NC
Both states will convene in legislative session this January but no action is expected from either legislature. While Maryland legislators will likely receive at least one map proposal from its governor (see below), the presiding officers have made clear that they will wait for the Supreme Court decision later this year and convene in special session this summer if the federal district court’s ruling is upheld.
.
Maryland Governor Hogan’s Commission to Redraw MD’s 6th
In response to the initial federal district court order invalidating the 6th congressional district, Gov. Hogan formed the Emergency Commission on Sixth Congressional District Gerrymandering. The Commission is tasked with holding public hearings, receiving public input and formulating a remedial congressional map that satisfies the court’s requirements. The deadline to present a map to the governor is April 2. It is expected that the map will be considered by legislators during the final days of the legislative session.
.
U.S. Supreme Court Arguments in the MD and NC Cases
Oral argument is scheduled for March and it is important to note that the court has chose both an alleged Republican and Democratic partisan gerrymander. It is expected by many observers that the conservative court will likely reverse the lower court rulings although some experts have weighed in and warn that despite its conservative leanings, the court may find the MD and NC especially egregious, and uphold the lower courts. A decision by the high court is expected in June.
