Watch: NC Supreme Court Rehears Congressional Redistricting Map Case

Watch: NC Supreme Court Rehears Congressional Redistricting Map Case

A reconstituted North Carolina Supreme Court heard oral arguments Tuesday in a case that the court decided in February of 2022. The 2022 decision invalidated the legislature's congressional map and replaced it with a map drawn by a special master. Later in the year, the court gained a conservative majority following the 2022 mid-term elections, and in a move some call unprecedented, it agreed to rehear the case to consider whether it should overturn its previous decision - or at least allow the North Carolina legislature to enact a new congressional map. Watch the oral arguments at the link below.…
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U.S. Supreme Court Calls for 2nd Briefing in NC Map Case

U.S. Supreme Court Calls for 2nd Briefing in NC Map Case

On March 2, parties to the Moore v. Harper case were directed by the U.S. Supreme Court to file supplemental letter briefs addressing the following question: What is the effect on this Court’s jurisdiction under 28 U. S. C. §1257(a) and Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975), of the North Carolina Supreme Court’s February 3, 2023 order granting rehearing, and any subsequent state court proceedings? The briefs are due Monday, March 20, 2023. This request is in response to a February 3, decision by the North Carolina Supreme Court - with a newly elected Republican majority…
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Litigation Update for South Carolina Redistricting (March 2023)

Litigation Update for South Carolina Redistricting (March 2023)

Litigation began in earnest in October of 2021 as the South Carolina State Conference of the NAACP anticipated the legislature's failure to draw valid lines. To compel the timely redrawing of district lines, the conference filed a lawsuit in federal district court. These lawsuits - often called "malapportionment" lawsuits - contend that a map violates the 14th Amendment to the U.S. Constitution because the population totals of the various districts are out of proportion. However, the legislature passed the state senate and state house maps in December 2021 and the governor signed a congressional map in January 2022. The NAACP…
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WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

The U.S. Supreme Court heard oral argument in Moore v. Harper, a case regarding North Carolina’s congressional district map. North Carolina’s 2021 congressional map was approved by the Republican-controlled state legislature and subsequently challenged as a Republican partisan gerrymander, which is prohibited in North Carolina. The state Supreme Court invalidated the map and blocked its use in the 2022 midterm elections. A new map was eventually completed by court-appointed experts and used in the elections, but Republican legislative leaders appealed to the nation’s highest court. The case hinges on the so-called "independent state legislature theory," which is the idea that…
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NY Court Gives Redistricting Commission “2nd Bite of the Apple” for Legislative Map

NY Court Gives Redistricting Commission “2nd Bite of the Apple” for Legislative Map

Citing a flawed redistricting process, the Supreme Court of the State of New York ordered the state's Independent Redistricting Commission to try again to draw new legislative districts for the state assembly. The decision comes after the commission's failure to agree on redistricting maps earlier in the year, and a long protracted legal battle that resulted in the state's highest court invalidating the congressional, senate, and assembly maps. Read the order here. While the congressional and senate maps were redrawn by a court-appointed special master for the 2022 elections, the legislative map will not be needed until 2024. The commission…
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U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

U.S. Supreme Court Oral Argument Audio and Analysis of Pivotal Alabama Voting Rights Act Case

On Tuesday, Oct. 4, the US Supreme Court heard oral arguments in Merrill v. Milligan regarding Alabama Congressional Redistricting. Listen to the Oral Argument on YouTube. Last January, a three-judge district court in Alabama had agreed that the state’s new congressional map likely violated Section 2 of the Voting Rights Act. A divided Supreme Court temporarily blocked that ruling in February and after nearly two hours of oral argument on Tuesday, the justices appeared inclined to permanently set aside the district court’s ruling according to Amy Howe of SCOTUSblog. The crux of the state of Alabama's argument is that the…
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Court: New York Will Have Congressional and Senate Maps by May 20.

Court: New York Will Have Congressional and Senate Maps by May 20.

The litigation surrounding New York's congressional and senate maps will end by May 20, according to the Stueben County appellate court. The court's announcement comes after the state's highest court invalidated both maps on Wednesday (April 27th). Here is a recap of the litigation which began in February. The litigation surrounding these two maps began in mid-February and sped through all three levels of the state court system (trial court, appellate court, and the state's highest court) in just over 2 months. While there was some disagreement among courts regarding whether the maps enacted by the legislature were the product…
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New York Redistricting Maps Thrown Out by State Trial Court. Congressional Map Declared Partisan Gerrymander

New York Redistricting Maps Thrown Out by State Trial Court. Congressional Map Declared Partisan Gerrymander

On Thursday, Mar. 31, a New York trial court invalidated the legislature's 2022 congressional and state legislative maps. The decision was primarily grounded in the procedural requirements of New York's state constitution, which the court said the legislature violated when it adopted maps of its own after the Independent Redistricting Commission (IRC) failed to produce a second set of maps. Read the opinion. According to the court, the constitutional provision creating the IRC allowed the legislature to draw maps only after the IRC submits 2 sets of maps and the legislature rejects them. The IRC deadlocked in Jan of 2022…
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Maryland State Court Throws Out 2021 Congressional Map Citing Extreme Gerrymandering

On Friday, the Senior Judge of the Circuit Court for Anne Arundel County signed an order prohibiting use of the congressional map that the Maryland legislature approved - over a gubernatorial veto - during a special session in December 2021. State officials were given five days to redraw the map. The legislature is currently in session until April 11. There is no word on whether the state will appeal. Read the order and opinion. The ruling concerned consolidated cases against the map by several plaintiffs and is notable as it makes Maryland among the first few states to fall victim…
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U.S. Supreme Court Denies Stay Request in Pennsylvania Congressional Map Challenge

U.S. Supreme Court Denies Stay Request in Pennsylvania Congressional Map Challenge

Pennsylvania's new congressional map was adopted by the State Supreme Court in February -after the governor vetoed the legislature's map - but a new lawsuit is looking to federal courts to allow the state's congressional representatives to be elected at large in the upcoming 2022 election. On March 7, the U.S. Supreme Court rejected an emergency stay order request that would have accomplished this quickly. Instead, the matter is before a three-judge court whose decision may be appealed directly to the U.S. Supreme Court. The crux of the challenge is that the State Supreme Court does not have the authority…
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