[EL] NC partisan gerrymandering decided

Rick Hasen rhasen at law.uci.edu
Mon Aug 27 14:49:54 PDT 2018


BREAKING: Divided Three Judge Court Holds North Carolina Congressional Redistricting an Unconstitutional Partisan Gerrymander, Considers New Districts for 2018 Elections<https://electionlawblog.org/?p=100857>
Posted on August 27, 2018 2:48 pm<https://electionlawblog.org/?p=100857> by Rick Hasen<https://electionlawblog.org/?author=3>

In a case with potentially national implications both short term and long, a three judge district court in North Carolina has held that the congressional redistricting plan–put in place after North Carolina’s districts last time were found to be a racial gerrymander—are an unconstitutional racial gerrymander. The remedy is not set yet, but the court may have a remedy in place for the 2018 elections, something I find surprising.

You can find the 321 pages of opinions (which consists mostly of a majority opinion by Judge Wynn) at this link<https://electionlawblog.org/wp-content/uploads/MDNC-Opinion.pdf>. If this opinion stands (and given the current 4-4 split on the Supreme Court, any emergency action could well fail, leaving the lower court opinion in place), the court may well order new districts be drawn in time for the 2018 elections.

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Posted in redistricting<https://electionlawblog.org/?cat=6>


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Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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