[EL] status of yet another NC partisan gerrymandering appeal at SCOTUS?

[Justin Levitt]

It is not (technically) mooted, I believe, though anyone would be 
forgiven for failing to follow all the bouncing balls.  (My site's 
coming back up to date soon, I promise!)

The case Rick flagged is a challenge by the original /Shaw/ plaintiffs 
to the contingent remedial congressional map that North Carolina drew in 
2016, after the trial court's disposition of the /Shaw/ challenge to 
North Carolina's 2011 congressional map (later affirmed by the Supreme 
Court in /Cooper v. Harris/).  The challenge is still live, but being 
held at the Court.

That 2016 remedial congressional map was separately challenged, and 
struck down, in the /Common Cause v. Rucho/ litigation that the Supreme 
Court _just_ stayed yesterday.

Which means that I think that the presently-operative maps for 2018 are 
the contingent 2016 maps.  Technically, the Court could proceed on the 
original /Shaw/ plaintiffs' claims at any point, since it's still a live 
challenge to the presently-operative maps.  But since it's a challenge 
to the remedial map on partisan gerrymandering grounds, and since there 
has already been a separate challenge to the remedial map on partisan 
gerrymandering grounds (/Common Cause v. Rucho/) litigated to completion 
at the trial level, now that SCOTUS has stayed the /Common Cause/ case, 
I can't see any world in which they allow this one to proceed in the 
meantime.

Justin

-- 
Justin Levitt
Professor of Law
Associate Dean for Research
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
ssrn.com/author=698321
@_justinlevitt_

On 1/19/2018 4:27 PM, Rick Hasen wrote:
>
> So hard to keep track, but it looks like this one is still being held, 
> since last term, presumably for Gill:
>
> https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/16-166.html
>
> Does anyone have any updated information on this case? Is it mooted by 
> subsequent redistrictings?
>
> -- 
>
> Rick Hasen
>
> Chancellor's Professor of Law and Political Science
>
> UC Irvine School of Law
>
> 401 E. Peltason Dr., Suite 1000
>
> Irvine, CA 92697-8000
>
> 949.824.3072 - office
>
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
>
> http://www.law.uci.edu/faculty/full-time/hasen/
>
> http://electionlawblog.org <http://electionlawblog.org/>
>
>
>
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