The U.S. Supreme Court on May 4 directed the parties in Moore v. Harper to file supplemental letter briefs in the case by May 11. The court’s order asked the parties, “What is the effect on this Court’s jurisdiction of the April 28, 2023 order of the North Carolina Supreme Court?
On April 28, the North Carolina Supreme Court overturned its February 2022 decision that the state’s enacted congressional and legislative maps were unconstitutional due to partisan gerrymandering. It struck down the maps the legislature enacted in 2021 and the remedial maps used for the 2022 elections. The court’s order also said that the legislature’s original 2021 maps were developed based on incorrect criteria and ruled that the General Assembly should create new congressional and legislative boundaries for use starting with the 2024 elections.
In its ruling, the court said, “we hold that partisan gerrymandering claims present a political question that is nonjusticiable under the North Carolina Constitution. Accordingly, the decision of this Court in Harper I is overruled. We affirm the three judge panel’s 11 January 2022 Judgment concluding, inter alia, that partisan gerrymandering claims are nonjusticiable, political questions and dismissing all of plaintiffs’ claims with prejudice.”
