CASE SUMMARY

On January 31, 2024, a former Justice of the North Carolina Supreme Court filed a lawsuit alleging North Carolina's enacted congressional and legislative maps violate the "Declaration of Rights" contained in Article I of the North Carolina Constitution. Specifically, the complaint argues that since the Constitution guarantees "frequent" and "free" elections it must also guarantee "fair" elections.

A three-judge panel granted the legislative defendants' motion to dismiss on June 28, 2024.

Plaintiffs noticed their appeal on July 19, 2024, and state Defendants noticed their cross-appeal on August 20, 2024.

Briefing did not begin at the North Carolina Court of Appeals until December 23, 2024.

On May 20, 2026, the North Carolina Court of Appeals rejected the challenge, finding that partisan gerrymandering claims are nonjusticiable in North Carolina.

CASE LIBRARY

Wake County Superior Court - No. 24-CVS-003534-910

• Complaint - 1/31/24
• Legislative Defendants' Motion to Dismiss - 3/6/24
• State Defendants' Answer - 3/12/24
• Legislative Defendants' Motion to Continue Hearing and Extend Briefing Deadline - 4/8/24
• Response to Legislative Defendants' Motion to Continue Hearing and Extend Briefing Deadline - 4/9/24
• Order on Legislative Defendants' Motion to continue Hearing and Extend Briefing Deadline - 4/30/24
• Memorandum in Opposition to Legislative Defendants' Motion to Dismiss - 5/10/24
• Order Granting Legislative Defendants' Motion to Dismiss - 6/28/24
• Notice of Appeal - 7/19/24
• Order - 7/22/24
• Amended Notice of Appeal - 8/12/24
• Legislative Defendants' Notice of Cross-Appeal - 8/20/24

North Carolina Court of Appeals - No. COA 24-1109

• Printed Record on Appeal - 12/23/24
• Joint Motion for Extension of Time to File Brief - 1/14/25
• Order - 1/14/25
• Plaintiff-Appellants' Brief - 2/21/25
• Legislative Defendants Cross-Appellant' Brief - 2/21/25
• Motion to Withdraw Appearance of Counsel Mary Carla Babb - 2/26/25
• Order - 2/27/25
• Brief of Charles Thelen Plambeck, Hon Robin E. Hudson, and Joni L. Walser as Amici Curiae in Support of Plaintiffs-Appellants - 2/28/25
• Motion of [Plambeck, Hudson, and Walser] for Leave to File an Amicus Curiae Brief in Support of Plaintiffs-Appellants - 2/28/25
• Order - 3/4/25
• Joint Motion for Extension of Time to File Appellee Briefs - 3/21/25
• Order - 3/21/25
• Legislative Defendants' Reply to Amicus Curiae Brief - 3/31/25
• Legislative Defendants-Appellees' Brief - 4/7/25
• Plaintiffs/Cross-Appellees' Brief - 4/7/25
• Motion to Dismiss Pursuant to Rule 10(a)(1) - 4/7/25
• Legislative Defendants Cross-Appellants' Response in Opposition to Motion to Dismiss Appeal - 4/17/25
• Order - 4/17/25
• Legislative Defendants Cross-Appellants' Reply Brief - 4/21/25
• Plaintiffs-Appellants' Reply Brief - 4/24/25
• Plaintiffs/Cross-Appellees' Motion for Oral Argument - 7/24/25
• Legislative Defendants' Response in Opposition to Plaintiffs' Motion for Oral Argument - 7/29/25
• Order - 7/30/25
• Plaintiffs-Appellants/Cross-Appellees' Memorandum of Additional Authority - 12/9/25
• Order - 5/6/26
• Opinion - 5/20/26