North Carolina 2020 Redistricting

[GALeftist]

So here's a question I have: the 4th circuit is pretty liberal as of now. If the Republicans flip the state Supreme Court back and gerrymander the congressional districts again, why wouldn't the Democrats sue in federal court regarding the new NC-02 (old NC-01)? I realize the NAACP already sued because the legislature didn't use racial data but this seems less persuasive than simply saying that a district could have been drawn in Northeast North Carolina that would reliably elect the candidate of choice of the black population and it wasn't. Because of the 4th circuit I'd imagine success here would be more likely than the Texas or Alabama lawsuits. What would be the chances of a lawsuit like this?

Federal court doesn’t work because it ends up before the Supreme Court, who already ruled on the issue. Besides, even if the judges on the federal bench were all partisan hacks, it would be a pretty awful look to issue an opinion that directly flew in the face of a prior Supreme Court decision.

Basically SCOTUS said that gerrymandering litigation needs to be contained to the state level, so that’s why all of these lawsuits are now handled by state supreme courts.

Yeah I know, this lawsuit would be alleging racial rather than partisan gerrymandering. Sorry for the confusion

[Roll Roons]

Sounds like the writing's on the wall for the current map:
https://twitter.com/TimBoyumTV/status/1483178264344547332?cxt=HHwWiMCyjb6xp5UpAA...

[GALeftist]

So impeachment probably isn't happening then?

[President Punxsutawney Phil]

So impeachment probably isn't happening then?

Probably not, thank god.

[CookieDamage]

When are we expecting a decision again?

[Ritz]

According to Gerry Cohen, who was the legislature's special counsel up until 2014, the impeachment strategy some Republicans are floating likely isn't legal.

https://www.newsobserver.com/opinion/article257419417.html

[Vern]

https://davesredistricting.org/maps#viewmap::c4f80bd3-cfea-4095-b83f-53618a371d03

This map has 3 minority districts. Which are 1, 8 and 11. 

[Oryxslayer]

https://twitter.com/NCCourts/status/1488198462936125443?s=20&t=qRdkvB_46LEap...

Oral arguments begin today, stream link in tweet.

[Tintrlvr]

According to Gerry Cohen, who was the legislature's special counsel up until 2014, the impeachment strategy some Republicans are floating likely isn't legal.

https://www.newsobserver.com/opinion/article257419417.html

If it's a federal constitutional question, it would presumably be a federal district court judge making the ruling, not the state Supreme Court.

[Vern]

So when would we expect to have a ruling?

[Oryxslayer]

https://twitter.com/lekhashupeck/status/1488882549871063049?s=20&t=qRdkvB_46...

Liveblog of hearing.

[GALeftist]

Sounding like it gets struck down 4-3 to me.

[ProgressiveModerate]

Sad how by their way of questioning, Newby, Morgan, Earls, and Erwin have all already made up their mind

[BoiseBoy]

Sad how by their way of questioning, Newby, Morgan, Earls, and Erwin have all already made up their mind

Because a lot of judiciaries have been politicized and poisoned with partisanship beyond repair.

[Brittain33]

Sad how by their way of questioning, Newby, Morgan, Earls, and Erwin have all already made up their mind

Because a lot of judiciaries have been politicized and poisoned with partisanship beyond repair.

To be fair, this is not a new issue or discussion for this court.

[Antonio the Sixth]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

[Libertas Vel Mors]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps. Judges have a responsibility to follow the law, not make it.

[President of the great nation of 🏳️‍⚧️]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Least partisan member of the NCGOP.

[ProgressiveModerate]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Ig this is an interepretation question and what words like "fair" mean in the context of the constitution, though IMO the map clearly is unfair and violates the constitution and goes agaisnt precedent set forwards by the copurt historically

[Vern]

So when are we expecting a ruling?

[Libertas Vel Mors]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Lol. Point out to me the specific clause in the North Carolina Constitution that prohibits gerrymandering.

[Libertas Vel Mors]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Ig this is an interepretation question and what words like "fair" mean in the context of the constitution, though IMO the map clearly is unfair and violates the constitution and goes agaisnt precedent set forwards by the copurt historically

The Constitution doesn't even say fair. It just says the elections have to be free. Over 200 hundred years of precedent indicate that gerrymandering doesn't make an election unfree.

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Least partisan member of the NCGOP.

https://www.ncleg.gov/EnactedLegislation/Constitution/NCConstitution.html

Where does this document prohibit gerrymandering?

[GALeftist]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Lol. Point out to me the specific clause in the North Carolina Constitution that prohibits gerrymandering.

"No person shall be denied the equal protection of the laws."

[Libertas Vel Mors]

Yeah. The idea that the Court owes the NCGOP the time of day is ridiculous given that they tried to pull the same trick last decade, got caught, and took almost the entire decade dithering and wrangling before finally being forced by the court to draw a fair map that only ended up applying to the very last election of the cycle. And now they're trying to pull the same sh*t again. The Court is being too generous with them, if anything.

There's nothing illegal about the maps....

Are you for real? You're a ing hack.

Lol. Point out to me the specific clause in the North Carolina Constitution that prohibits gerrymandering.

"No person shall be denied the equal protection of the laws."

Equal protection clauses have not been historically interpreted at either the federal or the state level as prohibiting gerrymandering. Neither an originalist nor a textualist perspective supports such an interpretation. That's especially clear considering the context, which you misquoted by putting a period at the end: "No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin."

[President of the great nation of 🏳️‍⚧️]

Least partisan member of the NCGOP.

https://www.ncleg.gov/EnactedLegislation/Constitution/NCConstitution.html

Where does this document prohibit gerrymandering?

To be honest? I don't know. As terminally online as I am, I spend my days thinking about things that matter instead of my state's constitution. I just like getting cheap shots against the state Republican party in.