On tomorrow’s calendar of petitions for review by the U.S. Supreme Court is Dickson v. Rucho, the challenge to the state’s 2010 redistricting plan.
The groups and individuals who initially sued lawmakers in state court — contending that the plan constituted an unlawful racial gerrymander — filed papers in January asking the justices to review the state Supreme Court’s 2014 decision upholding the plan.
Since then, the nation’s highest court decided a similar case out of Alabama — applying a different analysis than that used by our state justices and sending that state’s plan back to the trial court for further review. (For more on the relationship between the Alabama and the North Carolina cases read here.)
The Court ruled that race predominated in an Alabama redistricting plan which moved black voters into majority-minority districts in order to prevent the percentage of minority voters from declining, and that such race-based redistricting must be strictly scrutinized.
Five days later, the court likewise sent a case raising similar issues regarding Virginia’s 3rd Congressional District, Cantor v. Personhuballah, back down for further review.
The challengers of the North Carolina plan — relying in part upon the analysis in the Alabama decision — contend that our state maps should also be strictly scrutinized and rejected as race-based gerrymanders.
Citing the Alabama opinion, they argue:
Certiorari must be granted in this case to end the use of irregularly shaped race-based election districts in North Carolina because “[r]acial gerrymandering strikes at the heart of our democratic process, undermining the electorate’s confidence in its government as representative of a cohesive body politic in which all citizens are equal before the law.”
They also point out that state lawmakers’ use of “mechanical racial targets” led to the drawing of districts that were “even more bizarrely shaped” than those examined by the justices in the Alabama case — as illustrated in the image above. (The enacted district as opposed to alternatives is in the bottom right corner.)
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