Harper v. Hall
Initially, the Court ruled that the state’s legislative and congressional maps were partisan gerrymanders in violation of the state constitution. After two new justices joined the Court, the legislative defendants asked the Court to rehear the case and the Court granted that request. Ultimately, the Court ruled that partisan gerrymandering claims present a political question that is nonjusticiable under the North Carolina Constitution.
Note: The Brennan Center for Justice, which maintains State Court Report, filed an amicus brief in this case. The brief was rejected by the Court along with a proposed amicus brief from the Governor and Attorney General.
Related Commentary
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
Ohio’s Justice DeWine Attempts to Address Criticisms of Originalism
The Ohio Supreme Court justice outlines a framework that promotes state interpretations that differ from federal jurisprudence.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.