That case has to do, not with Congress, but with the state legislative districts.
How long will North Carolinians have to suffer the hyper-partisan excesses of the current leadership of the General Assembly?
The congressional maps that were thrown out this week were drafted in a special legislative session in 2016 after the state lost the racial gerrymander cases.
"It remains my belief that these cases should have been stayed, pending the Wisconsin case decision by the US Supreme Court". Currently, there are only three Democrats out of the state's 13 U.S. House seats.
"The Republican-controlled North Carolina General Assembly expressly directed the legislators and consultant responsible for drawing the 2016 Plan to rely on "political data" - past election results specifying whether, and to what extent, particular voting districts had favored Republican or Democratic candidates, and therefore were likely to do so in the future - to draw a districting plan that would ensure Republican candidates would prevail in the vast majority of the state's congressional districts", Wynn wrote.
The lengthy ruling is the third major court decision that declares North Carolina's Republicans have broken the law when carving up the state's electoral districts after the 2011 Census. It took other anti-voter steps. Pro-GOP groups also made extensive efforts to purge thousands of legal but inactive voters in blue epicenters.
The North Carolina challengers argue, like the challengers in Wisconsin, that the maps drawn discriminate against Democratic candidates and voters due to their political beliefs. The Wisconsin case before the Supreme Court relies more heavily on a proposed statistical formula called "the efficiency gap", which counts the number of votes wasted when voters are shifted into districts where their votes won't matter, either because their party's candidate can't win or is already sure to win. The state Republican Party chair accused him of "waging a personal, partisan war" on them, and tweeted this was a "hostile takeover". The federal judges want the districts to be redrawn immediately by the GOP. But the latest North Carolina voting rights victory is a cautionary tale.
A Commonwealth Court judge rejected a similar challenge, this one of the basis of the state Constitution, this month.
Rest assured, the three-judge panel's ruling isn't going to be the last word. It has yet to issue a ruling in that case.
As most court-watchers see it, swing vote Justice Anthony Kennedy has been quietly encouraging someone to bring him such a test so that he can finally have an excuse to take on gerrymandering.
Senate Leaders urge that federal cases regarding this matter should cease as well. If you want to know more about the way your elected representatives get to pick their voters instead of the other way around, this will be a great chance. "The court repeatedly defined gerrymandering as 'the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.' The court also observed that gerrymandering 'constitutes a structural [constitutional] violation because it insulates Representatives from having to respond to the popular will'".
The judicial branch had to draw the lines in Kansas the last time around.
"The structural change plaintiffs seek must come from the political process itself, not the courts". "Gerrymandering, of course, is the quintessential political malfunction".