Common Cause v. Lewis

Common Cause is a plaintiff in a challenge to North Carolina’s state legislative map. After some of the map was struck down as an unconstitutional racial gerrymander in 2017, leaders in the legislature announced they would redraw districts on partisan grounds.

Latest Update: Common Cause made a bombshell discovery when documents obtained in this case showed that Trump Administration officials likely committed perjury in several venues when discussing the justification for the addition of a citizenship question on the 2020 census. See details here.

Common Cause v. Lewis will go to trial July 15, 2019.

Common Cause v. Lewis

Why does this matter?

Whether they favor Democrats or Republicans, gerrymanders cheat voters.

When elected officials don’t have to worry about getting reelected, they lose their incentive to be responsive to constituents. Legislators are supposed to represent everyone, not just people who look like them, the wealthy and those who share their views.

We sued because legislators and mapmakers robbed North Carolinians of their ability to elect the candidates of their choice through blatant partisan gerrymanders. They produced district lines that effectively let them choose the voters rather than permitting voters to choose their representatives. That’s the exact opposite of government of the people, by the people, and for the people as promised in our Constitution.

What are the legal claims?

The North Carolina partisan gerrymanders are unconstitutional and invalid because they violate the rights of the plaintiffs and all Democratic voters in North Carolina under the North Carolina Constitution’s Equal Protection Clause, Free Elections Clause, and Freedom of Speech and Freedom of Assembly Clauses.

Who are the plaintiffs?

Common Cause, the North Carolina Democratic Party, numerous North Carolina voters, including registered Democrats and registered unaffiliated voters who regularly vote for Democrats.

What are the facts?

In 2011, as part of a national movement by the Republican Party to entrench itself in power through redistricting, North Carolina Republicans’ mapmaker manipulated district boundaries with surgical precision to maximize the political advantage of Republican voters and minimize the representational rights of Democratic voters.  And it worked.  In the 2012, 2014, and 2016 elections, Republicans won veto-proof super-majorities in both chambers of the General Assembly despite winning only narrow majorities of the overall statewide vote.

In 2017, after federal courts struck down some of the 2011 districts as unconstitutional racial gerrymanders, Republicans redoubled their efforts to gerrymander the district lines on partisan grounds.  They instructed the same Republican mapmaker to use partisan data and prior election results in drawing new districts.  The results should outrage anyone who believes in democracy.  In both the state House and state Senate elections in 2018, Democratic candidates won a majority of the statewide vote, but Republicans still won a substantial majority of seats in each chamber.  The maps are impervious to the will of the voters.

It gets worse.  Because North Carolina is one of the few states in the country where the Governor lacks power to veto redistricting legislation, the General Assembly alone will control the next round of redistricting after the 2020 census.  Accordingly, as things currently stand, the Republican majorities in the General Assembly elected under the existing maps will have free reign to redraw both state legislative and congressional district lines for the next decade.

This perpetuates a vicious cycle in which representatives elected under one gerrymander enact new gerrymanders both to maintain their control of the state legislature and to rig congressional elections for ten more years. Only the intervention of the judiciary can break this cycle and protect the constitutional rights of millions of North Carolinians.

What are you seeking?

We asked the court to rule that the North Carolina Constitution prohibits partisan gerrymandering, to throw out the gerrymandered 2017 plans and to order the state to create new, constitutional plans for the 2020 primary and general elections. If the General Assembly fails to create new plans in a timely manner, we ask that the court draw the maps.

How does this compare with Common Cause v. Rucho?

Common Cause also is a plaintiff in a challenge to North Carolina’s federal Congressional map, which was drawn by the same mapmaker as the state legislative maps and for the same partisan purpose. A three-judge panel of the trial court sided with Common Cause and declared the Congressional map an unconstitutional partisan gerrymander. The North Carolina General Assembly appealed the decision to the U.S. Supreme Court, which is likely to hear the case as soon as early 2019.

Where is the Lewis case now?

Common Cause filed November 13, 2018, in the Superior Court Division of Wake County, North Carolina. The court has set a trial date of July 15, 2019.