CASE SUMMARY
On September 27, 2019, a group of North Carolinian residents and voters filed a lawsuit against members of the North Carolina State Board of Elections and various state legislators, challenging the state's 2016 congressional redistricting plan as an unconstitutional partisan gerrymander under the North Carolina Constitution. The plaintiffs alleged that the General Assembly drew the maps with the intent to maximize Republican advantage in violation of the North Carolina Constitution's Free Elections Clause, Equal Protection Clause, and Freedom of Speech and Assembly Clauses. They requested that the court enjoin the defendants from administering, preparing, or moving forward with the 2020 primary and general elections for Congress using the 2016 plan and to establish a new, lawful congressional redistricting plan if the General Assembly failed to do so in a timely manner. Additionally, the plaintiffs asked the court to enjoin the defendants from using past election results or other political data in any future congressional redistricting of the state so as to intentionally dilute the voting power of citizens based on their political beliefs, party affiliation, or past votes.
On October 14, 2019, the legislative defendants removed the case to the U.S. District Court for the Eastern District of North Carolina, but the district court remanded the case back to the Wake County Superior Court on October 22, 2019. On October 28, 2019, the Superior Court granted the plaintiffs' motion for a preliminary injunction, barring the defendants from using the 2016 plan for the upcoming 2020 primary and general elections and delaying the primary candidate filing period until further order of the court. On November 15, 2019, the General Assembly passed a new congressional redistricting plan on its own initiative. On December 2, 2019, the Superior Court lifted its preliminary injunction, thereby allowing the 2020 congressional elections to proceed under the newly enacted congressional plan.
On November 5, 2021, the plaintiffs filed a supplemental complaint challenging North Carolina's newly enacted congressional redistricting plan as violating the state constitution, in addition to renewed their challenge to the 2016 congressional plan. Advancing largely the same claims as in the 2016 plan challenge, the plaintiffs assert that the 2021 congressional plan is an unconstitutional partisan gerrymander drawn to advantage Republicans and disadvantage Democrats. They allege that the 2021 plan's partisan nature violates the N.C. Constitution's Free Elections Clause (Art. I, Section 10), Equal Protection Clause (Art. I, Section 19), and Freedom of Speech and Assembly Clauses (Art. I, Sections 12 & 14). They are seeking a judicial declaration that the 2016 and 2021 plans are both unconstitutional partisan gerrymanders, an injunction barring the defendants from implementing or utilizing the plans in future elections and barring them from utilizing political data or intentionally diluting the voting power of citizens based on their political affiliations in future redistricting processes, and for the court to cause the adoption of a new, constitutionally valid redistricting plan.
On December 3, 2021, the trial court issued an order consolidating this case with another challenge to North Carolina's congressional and legislative redistricting plans, North Carolina League of Conservation Voters, Inc. v. Hall. On December 8, 2021, the N.C. Supreme Court issued an order granting a preliminary injunction and temporarily staying the candidate-filing period for the 2022 elections until a final judgment on the merits of the plaintiffs' claims, including any appeals, has been ordered. The consolidated trial for these cases concluded on January 6, 2022.
On January 11, 2022 the superior court issued its ruling rejecting the plaintiffs' various claims and upholding the plans as valid. The court, citing the U.S. Supreme Court's ruling in Common Cause v. Rucho that partisan gerrymandering claims are non-justiciable political questions beyond the reach of federal courts, held that partisan gerrymandering claims are also non-justiciable political questions that do not violate the North Carolina Constitution's Free Elections, Equal Protection, Freedom of Speech, or Freedom of Assembly Clauses. The court also rejected the plaintiffs' allegations of racial gerrymandering and vote dilution under Section 2 of the Voting Rights Act, finding that the plaintiffs failed to establish that race was the predominant consideration in the creation of the challenged districts or that racially polarized voting existed in the challenged districts. Finally, the court held that the plans also did not violate the North Carolina Constitution's Whole County Provision because when counties were divided, it was predominantly for traditional and permissible redistricting considerations, including for partisan advantage. The plaintiffs appealed the superior Court's judgment to the North Carolina Supreme Court on January 12, 2022.
On February 4, 2022 the North Carolina Supreme Court issued an order striking down the enacted congressional and legislative plans as unconstitutional partisan gerrymanders under the state's Free Elections Clause, Equal Protection Clause, and Freedom of Speech and Assembly Clauses. The Court adopted the trial court's factual finding that the General Assembly diluted the voting power of Democratic voters on the basis of their political affiliation and, applying strict scrutiny, held the goal of a disproportionate partisan advantage was not a compelling or legitimate governmental interest. The Court ordered the General Assembly to submit remedial maps that comply with the state's constitutional redistricting criteria to the trial court by February 18, 2022, in addition to an explanation of the data and methods used to create and evaluate the plans. The Court also established a February 23 deadline for the trial court to approve or adopt final remedial congressional and legislative plans. The Court released its full opinion on February 14, 2022. The General Assembly passed remedial congressional and legislative plans and submitted them to the court on February 18.
On February 23, the superior court panel issued an order approving the General Assembly's remedial legislative plans but rejecting the remedial congressional plan on the grounds it failed the satisfy the partisan metrics laid out in the Supreme Court's opinion. The court instead ordered the adoption of the interim congressional plan prepared by the court-appointed special masters for use in the 2022 congressional elections. The defendants appealed this ruling to the U.S. Supreme Court two days later by filing an emergency application for a stay pending a petition for a writ of certiorari. The U.S. Supreme Court denied the petition on March 7, 2022. The defendants filed their full petition for writ of certiorari with the U.S. Supreme Court on March 17.
CASE LIBRARY
North Carolina Superior Court, Wake County - No. 19-cvs-12667 [Harper v. Lewis]
- Complaint - 9/27/19
- Plaintiffs' Motion for a Preliminary Injunction - 9/30/19
- Declarations of Dr. Jowei Chen, et al. - 9/30/19
- Plaintiffs' Proposed Order on Motion for a Preliminary Injunction - 9/30/19
- Plaintiffs' Motion for Expedited Briefing and Resolution of Motion for Preliminary Injunction - 9/30/19
- Motion to Intervene by Ted Budd, et al. - 10/9/19
- Order - 10/10/19
- Order on Injunctive Relief - 10/28/19
- Plaintiffs' Motion for Summary Judgment and Supporting Memorandum of Law - 10/31/19
- Answer of Intervenor-Defendants Ted Budd, et al. - 11/1/19
- Defendants' Answer - 11/6/19
- Plaintiffs' Motion to Set Schedule for Review of Remedial Plan - 11/15/19
- Legislative Defendants' Motion for Summary Judgment and Supporting Memorandum of Law - 11/15/19
- Legislative Defendants' Motion to Expedite Plaintiffs' Response to Legislative Defendants' Motion for Summary Judgment and for an Expedited Ruling on Their Motion for Summary Judgment - 11/15/19
- Order - 11/20/19
- Intervenor-Defendants' Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment and Motion to Set Schedule for Review of Remedial Plan - 11/22/19
- Legislative Defendants' Response to Plaintiffs' Motion for Review - 11/22/19
- Legislative Defendants' Response to Plaintiffs' Motion for Summary Judgment - 11/22/19
- Plaintiffs' Opposition to Legislative Defendants' Motion for Summary Judgment - 11/22/19
- Order - 12/2/19
U.S. District Court for the Eastern District of North Carolina - No. 5:19-cv-452 [Harper v. Lewis Appeal]
- Notice of Removal - 10/14/19
- Notice of Related Case - 10/14/19
- Response to Notice of Related Case - 10/15/19
- Plaintiffs' Emergency Motion to Remand and to Expedite Resolution of Motion to Remand - 10/15/19
- Memorandum in Support of Plaintiffs' Emergency Motion to Remand and to Expedite Resolution of Motion to Remand - 10/15/19
- Response Opposing Plaintiffs' Emergency Motion for Remand - 10/21/19
- State Defendants' Response to Emergency Motion to Remand - 10/21/19
- State Defendants' Consent Motion for Extension of Time to File Answer or Other Responsive Pleading - 10/21/19
- Plaintiffs' Notice Regarding Emergency Motion to Remand - 10/21/19
- State Board Defendants' Response to the Plaintiffs' Motion for Preliminary Injunction - 10/21/19
- Defendants' Answer - 10/21/19
- Defendants' Response to Plaintiffs' Motion for Preliminary Injunction - 10/22/19
- Order Granting Motion to Remand - 10/22/19
- Judgment - 10/22/19
North Carolina Superior Court, Wake County - No. 21-cvs-500085 [Harper v. Hall] [together with No. 21-cvs-15426]
- Motion to File Supplemental Complaint - 11/5/21
- Supplemental Complaint - 11/5/21
- Exhibit A to Supplemental Complaint - 11/5/21
- Motion for Expedited Briefing and Resolution of Plaintiff's Motion for Leave to File Supplemental Complaint - 11/5/21
- Motion to Transfer - 11/10/21
- Motion for Expedited Resolution - 11/10/21
- Letter to Chief Justice Newby - 11/12/21
- Plaintiffs' Opposition to Legislative Defendants' Motion to Transfer - 11/16/21
- Complaint - 11/18/21
- Plaintiffs' Notice of New Case Filing - 11/19/21
- Order Appointing Three-Judge Panel - 11/22/21
- Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Exhibits A-D to Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Exhibits E-I to Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Exhibits J-N to Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Exhibits O-S to Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Exhibits T-U to Plaintiffs' Motion for Preliminary Injunction - 11/30/21
- Declaration of Lalitha D. Madduri - 11/30/21
- Notice of Voluntary Dismissal - 12/1/21
- Expert Report of Sean P. Trende - 12/1/21
- Corrected Copy of Exhibit H to Plaintiffs' Motion for Preliminary Injunction (pt. I & II) - 12/2/21
- Legislative Defendants' Memorandum of Law in Opposition to NCLCV and Harper Plaintiffs' Motions for Preliminary Injunction - 12/2/21
- Exhibits 1-9 to Legislative Defendants' Memorandum of Law in Opposition to NCLCV and Harper Plaintiffs' Motions for Preliminary Injunction - 12/2/21
- State Board Defendants' Response to Plaintiffs' Motion for Preliminary Injunction - 12/2/21
- Errata of Dr. Jowei Chen - 12/3/21
- Consolidation Order - 12/3/21
- Order Denying Plaintiff's Motion for Preliminary Injunction - 12/3/21
- Plaintiffs' Notice of Appeal - 12/3/21
- Amended Complaint - 12/12/21
- Common Cause's Motion to Intervene as Plaintiffs and to Expedite Consideration of Same - 12/13/21
- Harper Plaintiffs' Response to Common Cause's Motion to Intervene - 12/14/21
- Legislative Defendants' Motion to Compel - 12/14/21
- Legislative Defendants' Opposition to Motion to Intervene - 12/14/21
- Harper Plaintiffs' Motion for Protective Order - 12/15/21
- Harper Plaintiffs' Opposition to Legislative Defendants' Motion to Compel - 12/15/21
- Order on Common Cause's Motion to Intervene - 12/15/21
- Order on Legislative Defendants' Motion to Compel - 12/15/21
- Protective Order - 12/15/21
- Legislative Defendants' Motion for Partial Reconsideration of December 15 Order - 12/16/21
- Legislative Defendants' Answer to Verified Complaint Filed by Rebecca Harper, et al. - 12/17/21
- Order - 12/17/21
- State Defendants' Answer to Amended Complaint - 12/20/21
- Order Granting in Part Legislative Defendants' Motion for Partial Reconsideration and Order Clarifying Case Scheduling Order - 12/20/21
- Harper Plaintiffs' Motion for Clarification as to the Admissibility of Fact Witness Affidavits - 12/21/21
- Plaintiff Common Cause's Notice of Joinder and Response in Support of Harper Plaintiffs' Motion for Clarification as to the Admissibility of Fact Witness Affidavits - 12/21/21
- Legislative Defendants' Response to Plaintiffs' Motion for Clarification - 12/21/21
- Motion for Protective Order Quashing Notices of Deposition of President Pro Tempore Philip E. Berger, Senator Warren Daniel, Senator Paul Newton and Speaker Timothy K. Moore - 12/22/21
- Exhibits to Motion for Protective Order Quashing Notices of Deposition - 12/22/21
- Order on Harper Plaintiffs' Motion for Clarification - 12/22/21
- Expert Report of Michael Barber - 12/22/21
- Expert Report of Andrew J. Taylor - 12/22/21
- Expert Report of Christopher A. Cooper - 12/23/21
- Expert Report of Jonathan C. Mattingly - 12/23/21
- Addendum to Expert Report of Jonathan C. Mattingly - 12/23/21
- Expert Report of Wesley Pegden - 12/23/21
- Expert Report of Dr. Jowei Chen - 12/23/21
- Expert Report of Dr. Moon Duchin - 12/23/21
- Expert Report of Dr. Daniel B. Magleby - 12/23/21
- Expert Report of James L. Leloudis - 12/23/21
- Harper Plaintiffs' Response to Legislative Defendants' Motion for Protective Order - 12/23/21
- Exhibits to Harper Plaintiffs' Response to Legislative Defendants' Motion for Protective Order - 12/23/21
- Legislative Defendants' Reply to Harper Plaintiffs' Response to Motion for Protective Order - 12/23/21
- Order on Legislative Defendants' Motion for Protective Order - 12/24/21
- Harper Plaintiffs' Motion to Compel Responses to Second Set of Interrogatories and First Set of Requests for Production - 12/27/21
- Response to Harper Plaintiffs' Motion to Compel Responses to Second Set of Interrogatories and First Set of Requests for Production - 12/27/21
- Order on Harper Plaintiffs' Motion to Compel - 12/27/21
- Rebuttal Report of Wesley Pegden to Report of Michael Barber - 12/28/21
- Response to Expert Report by Dr. Barber on the N.C. State Legislature Redistricting Plans - 12/28/21
- Rebuttal Report by Dr. Moon Duchin - 12/28/21
- Expert Report of Dr. Jeffrey B. Lewis - 12/28/21
- Rebuttal Report of Michael Barber - 12/28/21
- Rebuttal Report of Sean P. Trende - 12/28/21
- Harper Plaintiffs' Motion to Compel Adequate Responses to Second Set of Interrogatories and First Set of Requests for Production, and for Other Appropriate Relief - 12/28/21
- Common Cause and Harper Plaintiffs' Joint Motion to Strike Sean P. Trende Affidavit - 12/29/21
- Harper Plaintiffs' Reply in Support of Second Motion to Compel and for Other Appropriate Relief - 12/29/21
- Legislative Defendants' Motion for Clarification, and in the Alternative, Motion to Compel - 12/29/21
- Legislative Defendants' Response to Harper Plaintiffs' Second Motion to Compel - 12/29/21
- Order on Harper Plaintiffs' Motion to Compel - 12/29/21
- Legislative Defendants' Response in Opposition to Plaintiffs' Joint Motion to Strike Sean P. Trende Affidavit - 12/30/21
- Order - 12/30/21
- Common Cause and Harper Plaintiffs' Joint Motion for Discovery Sanctions - 12/31/21
- Legislative Defendants' Response in Opposition to Plaintiffs' Joint Motion for Discovery Sanctions - 12/31/21
- Motion for Leave to File Amici Curiae Brief of Bipartisan Former Governors Michael F. Easley, Arnold Schwarzenegger, Christine Todd Whitman and William Weld - 12/31/21
- Plaintiff Common Cause's Trial Witness List - 12/31/21
- Plaintiff Common Causes' Proposed Findings of Fact and Conclusions of Law - 12/31/21
- Harper Plaintiffs' Witness List - 12/31/21
- Harper Plaintiffs' Proposed Findings of Fact, Conclusions of Law, and Decree - 12/31/21
- Legislative Defendants' Trial Exhibit List - 12/31/21
- Legislative Defendants' Proposed Findings of Fact and Conclusions of Law - 12/31/21
- Legislative Defendants' Trial Witness List - 12/31/21
- Proposed Joint Stipulations of Fact - 12/31/21
- Order on Legislative Defendants' Motion to Strike Portions of Dr. Moon Duchin's Rebuttal Report - 1/4/22
- Order on Joint Motion for Discovery Sanctions - 1/4/22
- Order on Joint Motion to Strike Sean P. Trende Affidavit - 1/4/22
- Plaintiffs' Combined Exhibit List - 1/5/22
- Legislative Defendants' Updated Trial Exhibit List - 1/5/22
- Order on Motion Requesting Leave to File Amicus Curiae Brief - 1/6/22
- Amici Curiae Brief of Bipartisan Former Governors Supporting Plaintiffs - 1/6/22
- Motion for Clarification of the Election Schedule - 1/6/22
- Response to Motion for Clarification of the Election Schedule - 1/7/22
- Reply in Support of State Defendants' Motion for Clarification of the Election Schedule - 1/7/22
- Order on State Board's Motion to Stay Candidate Challenges - 1/11/22
- Final Judgment - 1/11/22
North Carolina Supreme Court - No. 413P21
- Defendant-Appellees' Notice of Intent to Respond - 12/7/21
- Order - 12/8/21
- Harper Plaintiffs' Notice of Appeal - 1/12/22
- Plaintiff Common Cause's Notice of Appeal - 1/12/22
- Order - 2/4/22
- Opinion - 2/14/22
North Carolina Superior Court, Wake County - No. 21-CVS-500085 [Remedial Phase]
- Order on Submission of Remedial Plans for Court Review - 2/8/22
- Order for Responses to Special Master Candidates - 2/9/22
- Plaintiff Common Cause's Notice of Proposed Special Master - 2/9/22
- Harper Plaintiffs' Notice of Suggested Special Master - 2/9/22
- Legislative Defendants' Submission for Consideration as Special Master - 2/9/22
- NCLCV Plaintiffs' Response to February 8, 2022 Order Regarding Appointment of Special Master - 2/9/22
- Harper and Common Cause Plaintiffs' Response to Legislative Defendants' Proposed Special Master (John Morgan) - 2/10/22
- NCLCV Plaintiffs' Response to Legislative Defendants' Proposed Special Master - 2/10/22
- Order Appointing Special Masters - 2/16/22
- Plaintiff Common Cause's Proposed Remedial Districts - 2/18/22
- Harper Plaintiffs' Submission Regarding Proposed Remedial Plans for Court Review - 2/18/22
- Legislative Defendants' Memorandum Regarding Remedial Maps and Related Materials - 2/18/22
- Legislative Defendants' Notice of Submission of Remedial Plans and Required Materials - 2/18/22
- NCLCV Plaintiffs' Brief on Proposed Remedial Plans - 2/18/22
- Legislative Defendants' Motion to Disqualify Sam Wang and Tyler Jarvis as Assistants to the Special Masters - 2/21/22
- Legislative Defendants' Notice of Submission of Supplemental Remedial Materials - 2/21/22
- NCLCV Plaintiffs' Comments on Remedial Maps - 2/21/22
- Harper Plaintiffs' Response to Legislative Defendants' Proposed Remedial Maps - 2/21/22
- Plaintiff Common Cause's Objections to Legislative Defendants' Remedial Maps - 2/21/22
- Legislative Defendants' Objections to Plaintiffs' Proposed Remedial Plans and Memorandum in Further Support of the General Assembly's Remedial Plans - 2/21/22
- Order to File Remedial Materials - 2/23/22
- Order on Motions for Leave to File Amicus Briefs - 2/23/22
- Order Denying Legislative Defendants' Motion to Disqualify - 2/23/22
- Order on Remedial Plans - 2/23/22
- Notice of Appeal - 2/23/22
North Carolina Supreme Court - No. 413P21 [Remedial Appeal]
- Order - 2/23/22
U.S. Supreme Court - No. 21-1271 [Moore v. Harper] [Formerly No. 21A455]
- Emergency Application for Stay Pending Petition for Writ of Certiorari - 2/25/22
- Letter from Applicants - 2/25/22
- State Respondents' Response in Opposition to Emergency Application for Stay Pending Petition for Writ of Certiorari - 3/2/22
- Harper Respondents' Response in Opposition to Emergency Application - 3/2/22
- Respondent Common Cause's Opposition to Emergency Application for Stay Pending Petition for Writ of Certiorari - 3/2/22
- Response in Opposition to Emergency Application for Stay Pending Petition for Writ of Certiorari - 3/2/22
- Motion for Leave to File Amicus Brief & Amicus Brief for the National Republican Redistricting Trust as Amicus Curiae in Support of Applicants - 3/2/22
- Motion for Leave to File Amicus Curiae Brief and Amicus Curiae Brief of the Republican National Committee, the NRCC, & the North Carolina Republican Party - 3/2/22
- Applicants' Reply in Support of Their Emergency Application for Stay Pending Petition for Writ of Certiorari - 3/3/22
- Order - 3/7/22
- Petition for Writ of Certiorari - 3/17/22
- Brief of the National Republican Redistricting Trust as Amicus Curiae in Support of Petitioners - 4/20/22
- Brief in Opposition of Respondents North Carolina League of Conservation Voters, Inc., et al. - 5/20/22
- Brief in Opposition by State Respondents - 5/20/22
- Brief in Opposition of Respondent Common Cause - 5/20/22
- Brief for Harper Respondents in Opposition - 5/20/22