NC League of Conservation Voters / Harper / Moore v. Hall
No. 21CVS015426 (N.C. Super. Ct); No. 21CVS015426 (N.C. Ct. of Appeals); No. 21CVS015426 (N.C. Sup. Ct.); No. 21A455 (U.S. Sup. Ct.)
State court action challenging the North Carolina’s enacted state legislative and congressional redistricting maps on the grounds of partisan gerrymandering and racial vote dilution.
This case was consolidated with a separate challenge (Harper v. Hall) that argues the 2020 congressional map violates the state’s constitutional guarantees of free, fair and honest elections (art. I § 10), equal protection under the law (art. I § 19), freedom of speech (art. 1 § 12), and freedom of assembly (art. 1 § 14).
Common Cause intervened with an additional argument that the legislature violated a clear mandate from the state Supreme Court in in 2002 that “legislative districts required by the VRA shall be formed prior to creation of non-VRA districts.”
On Jan. 11, 2022, the state trial court ruled that: (1) the enacted maps are not unconstitutional as a result of partisan gerrymandering; (2) the enacted maps are not unconstitutional as a result of racial vote dilution; (3) the enacted maps do not violate the Free Elections Clause, the Equal Protection Clause, the Free Speech Clause, or the Right of Assembly Clause; and (4) the plaintiffs’ claims are non-justiciable political questions.
On Feb. 4, 2022, the state supreme court struck down both the legislative and congressional redistricting maps, finding them “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 the North Carolina Constitution.”
HistoryCase filings, starting with most recent court
|Order temporarily staying candidate filing deadline||Dec 6, 2021|
|En banc order overturning stay||Dec 6, 2021|
|Petitioners' motion for temporary stay of candidate filing deadline||Dec 6, 2021|
|Petition for discretionary review prior to determination by court of appeals||Dec 6, 2021|
|Motion for disqualification of Justice Berger, Jr.||Dec 6, 2021|
|Order staying filing deadline and postponing 2022 primaries||Dec 6, 2021|
|Order||Feb 4, 2022|
|Opinion (explaining reasoning for Order)||Feb 14, 2022|
|Emergency application for stay||Feb 25, 2022|
|Response opposing stay (State of North Carolina)||Mar 2, 2022|
|Response opposing stay (Harper Respondents)||Mar 2, 2022|
|Response opposing stay (NC League of Conservation Voters)||Mar 2, 2022|
|Response opposing stay(Common Cause)||Mar 2, 2022|
|Order denying stay||Mar 7, 2022|