NC Redistricting Maps Found Unconstitutional

 By Mildred Robertson

In a four to three split, the North Carolina Supreme Court ruled that new political district maps drawn by the Republican legislature are unconstitutional. The maps would have provided a sizable advantage to Republicans for the next 10 years. Republicans say that redistricting is fundamentally political in its nature, and that the Court should not be involved. The Court, with four Democratic judges, disagreed. All three Republican justices dissented, saying the maps should not be struck down.

The Court ruled that the maps were “unconstitutional beyond a reasonable doubt under the free elections clause, the equal protection clause, the free speech clause, and the freedom of assembly clause of North Carolina’s constitution.”  The maps were slanted so as to ensure a Republican victory in the state’s General Assembly and U.S. House of Representatives despite the fact that 36 % of North Carolina voters are registered Democrats and another 33 % are registered unaffiliated. Only 30% of North Carolinians are registered as Republicans. However, the gerrymandered congressional map would likely have given Republicans a 10-4 or 11-3 advantage in 2022 in the N.C. House of Representatives. Democrats would have the opportunity for victory only in the state’s urban districts.

Now new political districts must be drawn before this year’s primary elections.  The legislature will get a second bite at the apple, but with caveats.  While the legislature awaits the full ruling, the court did hand down some scheduling instructions and guidance on how the new maps must be drawn. The Court’s ruling will allow North Carolina citizens a fairer opportunity to select their legislators, rather than to have their legislators select their voters.

Still, there is a possibility that the final map will disenfranchise many democratic voters. The new maps will go before the trial court that initially heard the case. That court has a Republican majority that originally ruled in favor of the gerrymandered maps. 

In addition to the legislature, those bringing suit against the gerrymandered maps will also be allowed to submit their own proposed maps for the court to review. All maps must be filed by Feb. 18.  The court will have until Feb 23 to rule on the new maps.

The ruling provides an opportunity for North Carolinians to have representation that reflects the wishes of its citizens. Governor Roy Cooper cautioned that the revision process must be closely monitored to ensure that the new maps reflect the full intent of the N.C. Supreme Court decision.

Update: 2/16/2022

The North Carolina Supreme Court entered a Solomonic decision whereby the Republicans were required to split the baby or relent. They relented...

Joint statement from House Speaker Tim Moore and House Minority Leader Robert Reives: "Today, House Leadership from both parties reached an agreement on a State House map. We are confident that this will result in a map that has bipartisan support. This agreement is the result of several days of good faith discussions between House leaders in both parties."