Amy Howe

Feb 6 2018

Partial stay for Republican legislators in North Carolina redistricting case

Republican legislators scored a partial victory on redistricting tonight as the Supreme Court agreed to block part of a decision by a three-judge federal court invalidating the state’s legislative maps. The lower court had ruled that several state legislative districts were the product of racial gerrymandering, while others violated state law, but today the justices put part of that ruling on hold while the legislators appeal the merits of the lower court’s decision.

In a brief order, the Supreme Court indicated that the lower court’s order would be stayed to the extent that it required state house districts in Wake County (which includes the state capital, Raleigh) and Mecklenburg County (which includes Charlotte) to be redrawn. The five districts at issue in those two counties had been struck down on the ground that they violated a provision of the state constitution regulating the timing of redistricting. Tonight’s order means that the lower court’s ruling on the remaining districts will go into effect, leaving replacement maps drawn by a special master in place while legislators appeal.

Justices Samuel Alito and Clarence Thomas indicated that they would have blocked all of the lower court’s ruling, while Justices Ruth Bader Ginsburg and Sonia Sotomayor would have allowed all of the lower court’s decision to go into effect. If the other five justices disagreed with the result reached tonight, they kept that disagreement to themselves.

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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