North Carolina is the latest battleground in a spate of legal actions taking aim at redistricting plans across the United States. Advocacy groups, including the local chapter of the National Association for the Advancement of Colored People (NAACP) and Common Cause, have leveled a lawsuit against the Republican-majority state government. The suit alleges that the state’s proposed re-districitng plans will disproportionately affect Black voters and effectively suppress Democratic majorities in North Carolina. [JURIST – News]
The redistricting plan overseen by Republican leaders divides Democratic territories and affiliates them with strongly Republican rural areas. Such reconfigurations make it improbable that the Republicans would secure less than ten out of fourteen seats in future elections. [Twitter]
Actions brought by the NAACP and Common Cause are based on potential violations of the Fourteenth and Fifteenth Amendments of the US Constitution, the Voting Rights Act of 1965, and 42 USC § 1983, a segment of the US Code that allows for civil action against anyone or any entity depriving citizens of their rights. [Cornell Law School, Cornell Law School, National Archives, Cornell Law School]
Common Cause alleges that the October 2023 redistricting by the Republican majority was designed explicitly to “severely diminish the voting power of Black voters in North Carolina.” By specifically targeting Black areas in the state, the organization argues that this amounts to racial gerrymandering, violating the Supreme Court decision Allen v. Milligan, a case that requires states to consider racial factors during redistricting to avoid diluting the voting power of protected groups. [Supreme Court]
Named in the suit are several key figures from the North Carolina State House, including Speaker of the House Timothy Moore and Chair of the North Carolina House of Representatives Redistricting Committee, Destin Hall. Interestingly, Hall had previously been involved in a similar gerrymandering case back in April of this year.
The situation in North Carolina mirrors other voting rights battles taking place across the country, with redistricting maps coming under scrutiny in Georgia, Tennessee, North Dakota, Louisiana, Alabama, and South Carolina.