Current:Home > NewsTrial judges dismiss North Carolina redistricting lawsuit over right to ‘fair elections’-LoTradeCoin
Trial judges dismiss North Carolina redistricting lawsuit over right to ‘fair elections’
View Date:2024-12-23 21:46:54
RALEIGH, N.C. (AP) — North Carolina trial judges have dismissed a lawsuit challenging redrawn legislative and congressional district lines on the argument that they run afoul of an indirect constitutional right to “fair elections.” The judges said a recent affirmation still applies — that redistricting policy decisions are left to the General Assembly, not the courts.
In an order released Friday, the Superior Court judges threw out the complaint filed in January by several voters who attempt to block enforcement of redistricting that they said creates outsized preferences that favor one side — in this case benefitting Republicans.
In a 2023 ruling by the state Supreme Court, the GOP majority said the judiciary lacked authority to declare redistricting maps as illegal partisan gerrymanders. They also said that redistricting was a political matter the judicial branch must stay out of, save for challenges on specific limitations.
The voters’ lawyer argued in a court hearing earlier this month that the 2023 decision didn’t apply to his lawsuit, which described an implicit though unspecified right within the state constitution to fair elections. The lawsuit cites specific language in the constitution that “elections shall be often held” and that “all elections shall be free.”
But the order signed Superior Court Judges Jeffery Foster, Angela Pickett and Ashley Gore reads that the 2023 opinion by the Supreme Court still controls the outcome in this case. That’s the argument also made by Republican legislative leaders who were among the lawsuit defendants.
“The issues raised by Plaintiffs are clearly of a political nature,” the order dated Thursday said. “There is not a judicially discoverable or manageable standard by which to decide them, and resolution by the Panel would require us to make policy determinations that are better suited for the policymaking branch of government, namely, the General Assembly.”
Spokespeople for state House Speaker Tim Moore and Senate leader Phil Berger, as well as a representative for the plaintiffs, did not immediately respond to emails late Friday seeking a response to the dismissal. The plaintiffs can appeal the decision.
The lawsuit is among four filed in North Carolina to challenge congressional and legislative boundaries drawn by the GOP-dominated General Assembly last fall for use in elections through 2030 that favor Republicans electorally. The other three, still pending, were filed in federal court and focus on claims of illegal racial gerrymandering.
The “fair elections” lawsuit focuses on a handful of districts. Each of the three judges hearing the lawsuit are registered Republicans. Chief Justice Paul Newby, a Republican who wrote the prevailing opinion in the 2023 redistricting ruling, chooses three-judge panels to hear such cases.
veryGood! (6684)
Related
- Judge extends the time to indict the driver accused of killing Johnny Gaudreau and his brother
- What is UAW? What to know about the union at the heart of industry-wide auto workers strike
- UAW strike exposes tensions between Biden’s goals of tackling climate change and supporting unions
- A Fracker in Pennsylvania Wants to Take 1.5 Million Gallons a Day From a Small, Biodiverse Creek. Should the State Approve a Permit?
- Judith Jamison, acclaimed Alvin Ailey American dancer and director, dead at 81
- After castigating video games during riots, France’s Macron backpedals and showers them with praise
- Ashton Kutcher resigns from anti-child sex abuse nonprofit after supporting Danny Masterson
- Thousands expected to march in New York to demand that Biden 'end fossil fuels'
- Engines on 1.4 million Honda vehicles might fail, so US regulators open an investigation
- Who will Alabama start at quarterback against Mississippi? Nick Saban to decide this week
Ranking
- Asian sesame salad sold in Wegmans supermarkets recalled over egg allergy warning
- Hundreds protest against the Malaysian government after deputy premier’s graft charges were dropped
- NYC day care owner, neighbor arrested after 1-year-old dies and 3 others are sickened by opioids
- Lee makes landfall in Canada with impacts felt in New England: Power outages, downed trees
- New Mexico secretary of state says she’s experiencing harassment after the election
- Rolling Stone's Jann Wenner ousted from Rock Hall board after controversial remarks
- Misery Index Week 3: Michigan State finds out it's facing difficult rebuild
- Billy Miller, The Young & the Restless and General Hospital Star, Dead at 43
Recommendation
-
Whoopi Goldberg calling herself 'a working person' garners criticism from 'The View' fans
-
Hundreds protest against the Malaysian government after deputy premier’s graft charges were dropped
-
Former Colorado officer gets probation for putting woman in police vehicle that was hit by a train
-
Egyptian court gives a government critic a 6-month sentence in a case condemned by rights groups
-
Brands Our Editors Are Thankful For in 2024
-
Zibby’s Bookshop in Santa Monica, California organizes books by emotion rather than genre
-
Colorado two-way star Travis Hunter taken to hospital during game after late hit vs CSU
-
NYC day care owner, neighbor arrested after 1-year-old dies and 3 others are sickened by opioids