NORTH CAROLINA -- The Supreme Court says they will not wade into partisan gerrymandering cases - a decision that will have an impact not only in North Carolina but potentially across the country.
- The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting
- The justices said by a 5-4 vote Thursday that claims of partisan gerrymandering do not belong in federal court
- The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland
In a 5-4 decision, the conservative majority ruled that federal courts do not have authority to settle disputes over partisan gerrymandering, instead saying that voters and elected officials should be the arbiters of what is a political dispute.
The decision stems, in part, from a case out of North Carolina. A lower court previously ruled that the Republican mapmakers in the General Assembly went too far when crafting the congressional districts, giving their party too much of an advantage.
The court's ruling means that, after months of uncertainty, North Carolina’s current congressional boundary lines will remain as they are.
Chief Justice John Roberts wrote for the majority, saying that, “Federal judges have no license to reallocate political power between the two major political parties, with no plausible grant of authority in the Constitution, and no legal standards to limit and direct their decisions.”
The four liberal justices objected. Associate Justice Elena Kagan wrote the dissenting opinion and read extensive parts of it aloud from the bench. She accused the conservatives of abdicating the “Court’s duty.”
"If left unchecked, gerrymanders like the ones here may irreparably damage our system of government," she wrote, referring to the North Carolina case and a case out of Maryland, where Democrats shaped the lines.
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The Supreme Court’s decision was quickly panned by Democratic members of the North Carolina congressional delegation, who expressed concern about what the court’s ruling could mean not just for North Carolina but the rest of the country.
“The US Supreme Court today has given a license to state legislatures to draw maps in any way they see fit to benefit their political advantage, and that is not democracy and that is not what voters expect,” said Rep. GK Butterfield, D-1st District. “I think we’re going to see continued erosion of democracy.”
Several Republicans from North Carolina, meanwhile, offered praise for the court.
“Today’s SCOTUS decision isn’t a victory for Republicans or Democrats – it is a victory for Americans who believe states, localities, and main street voters should have control over their political systems—not unelected judges and bureaucrats,” said Rep. Mark Meadows, R-11th District, in a statement.
“It’s important that purely political decisions remain in the hands of the voters and states’ elected officials, not unelected judges,” said Rep. Virginia Foxx, R-5th District, in a statement.
So, what happens next?
In his opinion, Roberts noted that there are other ways to police mapmakers - including at the state level, where some state supreme courts have already overturned congressional boundary lines.
In North Carolina, the decision has already led to renewed calls for the creation of an independent commission to draw the maps - essentially taking the mapmaking power away from the General Assembly. Democratic members of the North Carolina congressional delegation are among those publicly backing that idea.
“I just think we need to take it out of the hands of the legislature altogether,” said Rep. Alma Adams, D-12th District.
“While today’s ruling is discouraging, it puts the ball squarely in our court. Congress, state legislatures, and concerned citizens should redouble our efforts to restore our democracy and return power to the people,” said Rep. David Price, D-4th District, in a statement.
However, as Catawba College Prof. Michael Bitzer notes, it is unlikely that Republicans in charge of the General Assembly will be eager to give up their mapmaking powers.