NRF Statement on North Carolina Republicans’ Brief Submission in Harper v. Hall

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Jena Doyle

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NRF Statement on North Carolina Republicans’ Brief Submission in Harper v. Hall

Washington, D.C.— Today, North Carolina Republicans submitted their supplemental brief on rehearing in Harper v. Hall after the newly-sworn-in Republican majority of the North Carolina Supreme Court granted a petition to rehear a December decision striking down the state Senate map. 

Harper v. Hall was a landmark state court case, initiated by the National Redistricting Foundation (NRF), that struck down the legislature’s gerrymandered congressional, state House, and state Senate maps just one year ago. 

John Bisognano, Executive Director of the National Redistricting Foundation (NRF), issued the following statement: 

“The argument made by Republican Legislative Defendants is extreme. They’re doubling down on arguments, which are as flawed today as they were when they made them unsuccessfully last fall. These brazen claims are at odds with well-established precedent agreed upon by the Court as recently as months ago.

“Time and time again, the Court has rejected gerrymandered maps. But instead of accepting the court’s decisions, the Republicans now dismiss the court’s reasoned decisions as merely some failed experiment. They go so far as to claim that they should be allowed to redraw every map – even a map not at issue in the case that passed on a bipartisan vote – despite clear language in the state constitution prohibiting mid-decade redistricting.  In so many words, North Carolina Republicans in the legislature are pressuring the Republicans on the state supreme court for a free pass to gerrymander all three of the state’s previously invalidated district plans.

“Neither the map nor state constitution nor the law have changed, only the justices of the court have changed. The facts and precedent are on our side, and we look forward to presenting our argument to the court. 

In case you missed it, here are highlights from the Republicans’ brief:  

• The brief argues partisan gerrymandering claims are beyond the court’s reach and that partisan gerrymandering does not violate the state constitution. These positions were addressed and rejected by the same court just one year ago. 

• Legislative Defendants ask the court to reverse all aspects of the Harper case: to withdraw the Harper II decision striking down the state Senate map and overrule the Harper I holding that partisan gerrymandering violates the state constitution. 

• Legislative Defendants make a bizarre claim, asking the court to let them bypass state constitutional prohibitions against mid-decade redistricting and redraw the remedial state House map, even though it hasn’t been struck down after passing on a bipartisan vote. And yet, the brief argues that because the remedial map was passed under the “duress” of a court exercising its constitutional duty, they should be allowed to redraw that map, too.

The full brief can be found HERE. 

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