Litigating Redistricting Cases in NC after the 2010 Census Allisn Riggs Senir Attrney, Suthern Calitin fr Scial Justice Nvember 2, 2017
Vting Rights Act Prhibits intentinal discriminatin in districting plans and discriminatry effect Packing and cracking minrity ppulatins Can anther majrity minrity district be drawn? Racial Gerrymandering Prhibited under the 14 th Amendment If race predminates in the drawing f districts, can nly be upheld if race was nly narrwly used t further a really cmpelling state interest Reduces minrity influence, packing that desn t reach Sectin 2 levels Partisan Gerrymandering Other Theretically prhibited under either the 14 th r 1 st Amendment Still n SCOTUS-endrsed standard OPOV cases ppulatin deviatins used fr imprper purpses State cnstitutinal attacks
Befre 2011, nly 10 majrity black Huse districts, but a substantial number f black candidates elected frm nnmajrity black districts In 2011, drew 23 egregiusly nn-cmpact majrity black districts Befre 2011, 0 majrity black Senate districts, but a substantial number f black candidates elected frm nnmajrity black districts In 2011, drew 9 egregiusly nn-cmpact majrity black districts CD 1 and 12 bumped up t ver 50% BVAP, even thugh they hadn t been that high in years
Candidate f chice f black vters wn in 2010 with 65.92% f the vte Uncntested in 2012 Candidate f chice f black vters als wn in 2004, 2006, and 2008 Black VAP: 51.28% Split VTDs: 29 Mst Cmpact: 0 f 7 measures Black VAP: 44.93% Split VTDs: 11
Racial gerrymandering Race predminated in the drawing f district lines, withut justificatin Packed black vters t limit their plitical pwer Dicksn v. Ruch State curt State legislative and cngressinal plans Nrth Carlina Supreme Curt reversed TWICE by SCOTUS Harris v. McCrry Federal curt Cngressinal plans Cvingtn v. NC Federal curt State legislative plans
Partisan Gerrymandering 2016 cngressinal remedy redistricting 10-3 plan Tw cases (Cmmn Cause v. Ruch, LWV v. Ruch) filed in federal curt in 2016 Plaintiffs urging tw different theries f liability, cases cnslidated Trial the week f Octber 16, 2017 Whitfrd case argued in Octber 3, 2017 At the frntline f the battlefield, smetimes yu dn t get the luxury f waiting fr the rules f war t get established
It s 2017, and NC still hasn t had cngressinal electins under cnstitutinal districts
Nvember 1, 2017 three-judge panel appints Nathaniel Persily f Stanfrd University as Special Master Determine whether state s legislative remedial districts: Cure the racial gerrymandering Cmply with state law prhibiting mid-decade redistricting The State is nt entitled t multiple pprtunities t remedy its uncnstitutinal districts.
Wake Cunty generally Schl Bard 2013 9 S-M t 7-2 plan Cunty Cmmissin 2015 7 at-large t 7-2 plan Deviatins 2011 SB redistricting (1.6% dev.) MID-DECADE REDISTRICTING Super districts: Dnut: -4.9% Ugly Munchkin: +4.9% Overall: 9.8%
What this was abut: sciecnmic diversity student assignment plans Favring rural/suburban vters ver urban vters Thery f the Case: One Persn, One Vte 14 th Amendment Claim Laris v. Cx Summary affirmance 10% is nt a safe harbr Steven s pinin cncurring in affirmance: the equal-ppulatin principle remains the nly clear limitatin n imprper districting practices, and we must be careful nt t dilute its strength.
Furth Circuit reversed the trial curt, ruled that plans were uncnstitutinal Plaintiffs have prven that it is mre prbable than nt that the ppulatin deviatins at issue here reflect the predminance f an illegitimate reapprtinment factr, namely an intentinal effrt t create a significant partisan advantage.
Dr. [Jwei] Chen analyzed whether the ppulatin deviatins in the seven single-member district plans and the tw super districts plans were mtivated by a partisan purpse using cmputer simulatin prgramming techniques that allw him t generate randmly a large number f alternative redistricting plans created subject t traditinal redistricting criteria.
Allisn Riggs Senir Attrney Suthern Calitin fr Scial Justice Durham, NC allisn@sutherncalitin.rg 919-323-3380 x 117 www.sutherncalitin.rg