North Carolina's congressional districts were unconstitutionally arrested on behalf of Democrats and they may require new districts before the November elections.
The judges acknowledged that
North Carolina legislators are likely to appeal to the Supreme Court to step in. The 1965 elections are scheduled to take place in congressional districts
But the Supreme Court has just eight members since Justice Anthony M. Kennedy's retirement last month; a tie vote would leave the lower court's decision in place. Senate hearings on President Trump's nominee to fill the seat, Judge Brett M. Kavanaugh, commence Tuesday.
The North Carolina case is a long-running saga, with a federal court in 201
The Supreme Court told the three-judge panel to take a look at North Carolina's case in light of the high court's June decision in a Wisconsin partisan gerrymandering case, in which the justices said those who did not have legal standing.
But Judge James A. Wynn, Jr. of the US Court of Appeals for the 4th Circuit, writing Monday for a special three-judge district court panel, said plaintiffs have been standing under the decision in Wisconsin's Gill. Whitford which heightens against the judges' earlier views that the congressional districts were drawn up with improper partisan goals.
He said the court was leaning against giving the North Carolina legislation another chance to draw the congressional districts.
] "We continue to lament that North Carolina voters have been deprived of a constitutional congressional district plan – and, therefore, constitutional representation in Congress – for six years and three election cycles," Wynn wrote.
He proposes a few unusual ideas: appointing
Wynn and his Fellow Judges Called for Immediate Briefing from
The Supreme Court has never found that a state's redistricting what so infected with politics that it was unconstitutional. Wisconsin and Maryland, disposing of them without deciding the merits.
The North Carolina case presented a strong example of partial intent, with legislators making clear that the map was
"I think electing Republicans is better than electing Democrats," said Rep. David Lewis, a Republican member of the North Carolina General Assembly, writing fellow legislators when they passed the plan in 2016. "So I added this map to help foster what I think is better for the country."
He added: "I propose that we draw the benefits of the Republicans and three Democrats because I do not believe it's Republicans and two Democrats. "
When voters went to the polls that fall, the 10-3 outcome was exactly what Lewis had predicted, even though Republican candidates were just 53 percent of the statewide v ote.
Wynn said it should be clear that this partisan gerrymandering is unconstitutional.
"Clause: The Constitution." [H5] Hasen, an election law expert at the University of.
California at Irvine said the case has national implications.
"If the lower court orders new districts for 2018, and the Supreme Court deadlocks 4-4 on an emergency request to overturn that order, we could have had new districts for 2018 only , and that could help Democrats retake control of the US House, "he wrote on his blog.
The combined cases are Common Cause v. Rucho and League of Women Voters of North Carolina . Rucho