CASE SUMMARY

This case involved the remedial phase for Cooper v. Harris, wherein the U.S. Supreme Court affirmed a federal district court’s decision striking down several of North Carolina’s congressional districts as unconstitutional racial gerrymanders. While the defendants’ appeal of the district court’s initial decision was still pending with the U.S. Supreme Court, the N.C. General Assembly enacted a new congressional plan on February 19, 2016, to serve as their remedial plan. Plaintiffs objected to the new plan as an unconstitutional partisan gerrymander under the U.S. Constitution’s 1st and 14th Amendments, citing testimony from the plan’s drawers that it was drawn to secure the maximum partisan advantage as possible.

  • On June 2, 2016, the U.S. District Court for the Middle District of North Carolina rejected the plaintiffs’ objections to the remedial congressional plan, citing the lack of “discernable” standards for evaluating partisan gerrymandering claims and the insufficient record before it regarding whether the plan violated the 1st or 14th Amendments. Plaintiffs appealed the district court’s decision to SCOTUS on July 5, 2016.
  • On May 26, 2017, SCOTUS directed the parties to file additional briefs addressing two questions: (1) Did the appellants have standing to challenge the remedial plan as a partisan gerrymander? And (2) Was the district court’s order denying the appellants’ objections appealable under 28 U.S.C. § 1253?
  • On June 28, 2018, SCOTUS affirmed the district court’s June 2, 2016, order.

CASE LIBRARY

U.S. District Court for the Middle District of North Carolina - 1:13-cv-00949

U.S. Supreme Court - No. 16-166