Charlotte Observer: NC court calls its role ‘the bedrock of our sacred system.’ Will US Supreme Court agree?

In a lawsuit that mirrors a nationally watched case on legislatures’ power, the N.C. Supreme Court on Friday delivered a ruling that rejects the “independent state legislature” theory Republican lawmakers have been promoting.

The case drawing national attention, Moore v. Harper, is at the U.S. Supreme Court. It’s an appeal of the N.C. Supreme Court’s decision in February to throw out the new congressional districts that GOP leaders had wanted, due to unconstitutional partisan gerrymandering. The argument from Republican leaders is that no state courts — in North Carolina or anywhere else in the country — should be allowed to overturn laws on federal elections that the legislature passes.

Critics say a win for the legislature could spell the end of American democracy, The News & Observer has reported, by allowing for unchecked gerrymandering of U.S. congressional districts. Some contend that it even has the potential to allow for the overturning of future presidential elections. …

Anti-gerrymandering activists, however, said they hoped this ruling’s precedent — that partisan gerrymandering is unconstitutional — stands even after Republicans take control of the court in January.

“This case has set a clear precedent for redistricting in North Carolina,” said Bob Phillips, executive director of Common Cause North Carolina, in a press release. “Voting maps must be free from gerrymandering and respect the right of North Carolinians to have a voice in choosing their representatives. Our districts belong to the people, not politicians.”