NC Supreme Court had constitutional duty to strike down GOP maps, Democratic majority says in full opinion

The North Carolina Supreme Court on Monday issued a full opinion on a contentious redistricting case, with the four liberal justices on the high court providing their full reasoning for striking down congressional and legislative maps the state’s Republican-controlled legislature passed in November.

Robin Hudson, a justice on the high court who will not seek reelection this year, wrote on behalf of her Democratic colleagues that it was their duty to step in to prevent the implementation of maps they viewed as a clear violation of the state constitution’s free elections, equal protection, free speech clause and freedom of assembly clauses.

Hudson rejected the views of Republican attorneys and three conservative state Supreme Court justices who argued the high court was overstepping its authority.

“It is no answer to say that responsibility for addressing partisan gerrymandering is in the hands of the people, when they are represented by legislators who are able to entrench themselves by manipulating the very democratic process from which they derive their constitutional authority,” Hudson wrote. “Accordingly, the only way that partisan gerrymandering can be addressed is through the courts, the branch which has been tasked with authoritatively interpreting and enforcing the North Carolina Constitution.”

The 217-page full opinion behind the 4-3 decision the court released on Feb. 4 gives state lawmakers and voting rights groups extra insight as they work to offer a lower court their proposals for revised voting maps. But it falls short of outlining specific ways future litigation could be avoided. (Read more)