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NC Superior Court Redistricting Decision

NC Superior Court Redistricting Decision

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Published by NC Policy Watch
JUDGMENT and MEMORANDUM OF DECISION on challenge of whether voting districts in NC are in violation of VRA, NC constitution or US Constitution.
JUDGMENT and MEMORANDUM OF DECISION on challenge of whether voting districts in NC are in violation of VRA, NC constitution or US Constitution.

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Categories:Business/Law
Published by: NC Policy Watch on Jul 08, 2013
Copyright:Attribution Non-commercial

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08/15/2013

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STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISIONMARGARET DICKSON,
et al
.,
Plaintiffs,
v.ROBERT RUCHO,
et al
.,
 Defendants.
NORTH CAROLINA STATE CONFERENCEOF BRANCHES OF THE NAACP,
et al.,Plaintiffs,
v.THE STATE OF NORTH CAROLINA,
et al.,
 
 Defendants.
))))))))))))))))))
11 CVS 16896
 11 CVS 16940
(Consolidated)
JUDGMENT and MEMORANDUM OF DECISION
 
2
O
UTLINE OF THE
J
UDGMENT OF THE
T
RIAL
C
OURT
 I. I
NTRODUCTION
 II. P
ROCEDURAL
H
ISTORY
 III. S
UMMARY
J
UDGMENT
S
TANDARD
 IV. A
RE THE
C
HALLENGED
D
ISTRICTS A
R
ACIAL
G
ERRYMANDER THAT
V
IOLATESTHE
E
QUAL
P
ROTECTION
G
UARANTEES OF THE
U
NITED
S
TATES OR
N
ORTH
C
AROLINA
C
ONSTITUTIONS
?
 
 A. Burden of Proof  B. Level of ScrutinyC. Analysis of the Voting Rights Act Districts created in the Enacted Plansunder the Strict Scrutiny Standard of Review1. Compelling Governmental Interestsa. Avoiding Voting Rights Act §2 Liabilityb. Ensuring Voting Rights Act §5 Preclearance2. Narrow Tailoringa. Did the General Assembly fail to narrowly tailor the Enacted Plans by creating more Voting Rights Act districtsthan reasonably necessary to comply with the Act?b. Did the General Assembly fail to narrowly tailor the Enacted Plans by “packing” the Voting Rights Act districts?c. Did the General Assembly fail to narrowly tailor the Enacted Plans by placing the Voting Rights Act districts ingeographic locations where there is insufficient evidence of a reasonable threat of § 2 liability?d. Did the General Assembly fail to narrowly tailor the Enacted Plans by crafting irregularly shaped and non-compact Voting Rights Act districts or by otherwisedisregarding traditional redistricting principles such ascommunities of interest and precinct boundaries?3. NC-NAACP Plaintiffs’ Equal Protection claim of diminution of  political influence. D. Did racial motives predominate in the creation of the Non-Voting Rights Act districts?
V.
 
D
O THE
E
NACTED
S
ENATE AND
H
OUSE
P
LANS VIOLATE THE
W
HOLE
C
OUNTY
P
ROVISIONS OF THE
N
ORTH
C
AROLINA
C
ONSTITUTION
?VI.
 
D
O THE
E
NACTED
P
LANS VIOLATE THE
E
QUAL
P
ROTECTION
G
UARANTEES OFTHE
U
NITED
S
TATES OR
N
ORTH
C
AROLINA
C
ONSTITUTIONS BY
D
ISREGARDING
 
3
T
RADITIONAL
R
EDISTRICTING
P
RINCIPLES BY
F
AILING TO BE
S
UFFICIENTLY
C
OMPACT OR BY
E
XCESSIVELY
S
PLITTING
P
RECINCTS
?
 
 A. Lack of Compactness and Irregular Shapes B. Absence of a Judicially Manageable Standard for Measuring Compliance,or Lack Thereof, with Traditional Redistricting PrinciplesC. Excessive Split Precincts
VII.
 
C
ONCLUSIONS
 A
PPENDICES
 A
PPENDIX
A:
F
INDINGS OF
F
ACT
R
ELEVANT TO THE
I
SSUE OF
R
ACIAL
P
OLARIZATION IN
S
PECIFIC
L
OCATIONS WHERE
V
OTING
R
IGHTS
A
CT
D
ISTRICTS WERE
P
LACED IN THE
E
NACTED
P
LANS
.P
AGE
76
A
PPENDIX
B:
F
INDINGS OF
F
ACT
R
ELEVANT TO THE
I
SSUE OF
W
HETHER
R
ACE WAS THE
P
REDOMINANT
M
OTIVE FOR THE
S
HAPES AND
L
OCATIONS OF
D
ISTRICT
L
INES FOR
C
ONGRESSIONAL
D
ISTRICT
4
OR
12,
 
S
ENATE
D
ISTRICTS
31
OR
32
 OR
H
OUSE
D
ISTRICTS
51
OR
54.P
AGE
160

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