CASE SUMMARY
On August 8, 2013, a coalition of North Carolina voters and civil rights organizations filed a federal lawsuit against the State of North Carolina and the Wake County Board of Elections challenging a local bill passed by North Carolina’s General Assembly that changed the Wake County Board of Education’s 2011 redistricting plan from 9 single-member districts to 7 single-member districts and 2 “super-districts,” dividing and capturing the County’s urban and rural portions respectively, in addition to prohibiting any changes until 2021. Plaintiffs alleged the bill and the new districts violated the U.S. and N.C. Constitutions’ one person, one vote requirements and sought a judicial declaration the bill was unconstitutional, an injunction barring the bill and new plan from being implemented, and an order requiring either the General Assembly or Board of Education to enact a lawful redistricting scheme.
- On March 17, 2014, the U.S. District Court for the Eastern District of North Carolina granted the defendants’ motion to dismiss, finding the claims against the State of North Carolina were barred by the 11th Amendment and the plaintiffs’ one person, one vote claims were really partisan gerrymandering claims which it considered non-justiciable. Plaintiffs filed their notice of appeal to the U.S. Court of Appeals for the Fourth Circuit on April 7, 2014.
- On May 27, 2015, the Fourth Circuit affirmed the district court’s decision as to 11th Amendment immunity but reversed as to the finding of nonjusticiable claims and remanded the case back to the district court.
- On remand, the district court consolidated this case with Raleigh Wake Citizens Ass’n v. Wake County Board of Elections, a racial gerrymandering and one person, one vote challenge to the Wake County Commissioner Districts created by the General Assembly in 2015.
- On February 26, 2016, the district court upheld both the Board of Education and County Commissioner districts on the grounds plaintiffs failed to prove the plans violated one person, one vote or the federal or state constitutions. Both sets of plaintiffs appealed to the Fourth Circuit.
- On July 1, 2016, the Fourth Circuit affirmed the district court’s rejection of the racial gerrymandering claims but reversed as to the one person, one vote claims, finding both plans violated equal population requirements.
- On August 9, 2016, the district court permanently enjoined the Board of Education and County Commissioner plans from future use and ordered the 2011 Board of Education and County Commission plans be used in the interim for the 2016 elections with the expectation the General Assembly would enact remedial plans in 2017.
- On December 28, 2017, since the General Assembly failed to enact new plans, the district court issued a consent decree extending its remedial order and requiring the 2011 plans be used again for the 2018 elections.
CASE LIBRARY
U.S. District Court for the Eastern District of North Carolina - No. 13-cv-00607
- Complaint - 8/22/13
- Defendants' Motion to Dismiss for Failure to State a Claim - 11/4/13
- Defendant State of North Carolina's Motion to Dismiss - 11/4/13
- Defendants' Joint Memorandum of Law in Support of Their Respective Motions to Dismiss - 11/4/13
- Answer to Complaint - 11/4/13
- Plaintiffs' Motion for Leave to Amend Complaint - 11/19/13
- Memorandum in Support of Plaintiffs' Motion for Leave to File Amended Complaint - 11/19/13
- Plaintiffs' Memorandum in Opposition to Defendants' Motions to Dismiss - 11/23/13
- Order Granting Motion to Dismiss - 3/17/14
- Judgment - 3/17/14
- Notice of Appeal - 4/7/14
U.S. Court of Appeals for the Fourth Circuit - No. 14-1329
- Briefing Order - 4/16/14
- Brief of Appellants - 5/23/14
- Brief of Appellees - 6/30/14
- Reply Brief of Appellants - 7/17/14
- Published Opinion - 5/27/15
- Judgment - 5/27/15
- Petition of Defendant-Appellee Wake County Board of Elections for Rehearing En Banc - 6/10/15
- Stay of Mandate - 6/11/15
- State of North Carolina's Response to Defendant-Appellee Wake County Board of Elections' Petition for Rehearing En Banc - 6/29/15
- Plaintiffs-Appellants' Response to Wake County Board of Elections' Petition for Rehearing En Banc - 6/29/15
- Order Denying Petition for Rehearing En Banc - 7/15/15
- Mandate - 7/23/15
U.S. District Court for the Eastern District of North Carolina - No. 5:13-cv-00607 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 5:15-cv-156]
- Order Reassigning Case - 7/24/15
- Objections and Motion to Quash Subpoenas Served on State Legislators - 11/4/15
- Memorandum in Support of Motion to Quash Subpoenas Served on State Legislators - 11/4/15
- Plaintiffs' Response to Motion to Quash Subpoenas Served on State Legislators - 11/10/15
- Order - 12/3/15
- Defendant Wake County Board of Elections's Pretrial Memorandum of Authorities - 12/7/15
- Plaintiffs' Pre-Trial Bench Brief - 12/7/15
- Defendant Wake County Board of Elections's Proposed Findings of Fact and Conclusions of Law - 12/7/15
- Plaintiffs' Pre-Trial Proposed Findings of Fact and Conclusions of Law - 12/7/15
- Plaintiffs' Response to Defendant's Pretrial Memorandum - 12/9/15
- Defendant's Response to Plaintiff's Response to Their Pretrial Memorandum - 12/9/15
- Order - 12/10/15
- Amended First Joint Stipulations of Fact - 12/15/15
- Complete Bench Trial Transcript - 2/3/16
- Judgment - 2/26/16
U.S. Court of Appeals for the Fourth Circuit - No. 16-1271 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 16-1270]
- Notice and Consolidation Inquiry - 3/16/16
- Response to Inquiry Regarding Consolidation of Appeals - 3/28/16
- Notice of Constitutional Challenge to State Statute - 3/28/16
- Appellants' Response Requesting Consolidation of Related Appeals - 3/28/16
- Plaintiffs-Appellants' Motion to Expedite Appeal for Briefing and Oral Argument - 3/28/16
- Order of Consolidation - 3/29/16
- Order - 3/30/16
- Defendant-Appellee's Response to Motion to Expedite Appeal - 3/31/16
- Order - 4/5/16
- Brief of Appellants - 4/15/16
- Brief of Appellee - 4/25/16
- Reply Brief of Appellants - 4/29/16
- Published Opinion - 7/1/16
- Judgment - 7/1/16
- Petition of Defendant-Appellee Wake County Board of Elections for Rehearing En Banc - 7/14/16
- Stay of Mandate - 7/14/16
- Motion to Intervene of Proposed Defendants-Intervenors Tim Moore, North Carolina Speaker of the House of Representatives and Phil Berger, President Pro Tempore of the North Carolina Senate - 7/14/16
- Appellants' Motion to Issue Mandate - 7/14/16
- Plaintiffs-Appellants' Memorandum of Law in Opposition to Proposed Defendants-Intervenors' Motion to Intervene - 7/19/16
- Response of Defendant-Appellee Wake County Board of Elections to Appellants' Motion to Issue Mandate - 7/19/16
- Response of Defendant-Appellee Wake County Board of Elections to Motion to Intervene - 7/19/16
- Order Denying Petition for Rehearing En Banc - 7/26/16
- Mandate - 8/3/16
- Order - 8/3/16
U.S. District Court for the Eastern District of North Carolina - No. 5:13-cv-00607 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 5:15-cv-156]
- Order - 7/8/16
- Court Letter from North Carolina State Board of Elections - 7/18/16
- Plaintiffs' Submission on Appropriate Remedies - 7/18/16
- Defendant Wake County Board of Elections's Response to July 8, 2016 Order - 7/18/16
- Plaintiffs' Response to Court Order of July 27, 2016 and to July 18, 2016 Filings - 8/2/16
- Plaintiffs' Post-Hearing Memorandum and Objections - 8/3/16
- Legislative Leaders' Notice of Filing - 8/3/16
- Order - 8/4/16
- Plaintiffs' Motion to Strike "Legislative Leaders' Notice of Filing" - 8/5/16
- Plaintiffs' Memorandum in Support of Motion to Strike - 8/5/16
- Plaintiffs' Response to Court Order of August 4, 2016 - 8/5/16
- Order - 8/7/16
- Plaintiffs' Notice of Filing Emergency Petition for Writ of Mandamus - 8/8/16
- Defendant Wake County Board of Elections's Response to August 7, 2016 Order - 8/8/16
- Remedial Court Order - 8/9/16
- Judgment - 9/29/16
- Joint Motion to Enter Consent Decree - 12/4/17
- Joint Memorandum in Support of Motion to Enter Consent Decree - 12/4/17
- Consent Decree - 12/28/17