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Latest Update: The Common Cause plaintiffs filed a motion with the U.S. Supreme Court asking the Justices to affirm the trial court’s ruling striking down North Carolina’s congressional map as an unconstitutional partisan gerrymander. Read the November 2, 2018 motion here.

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Common Cause v. Rucho

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/or 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 a blatant partisan gerrymander. Republican legislators publicly and repeatedly stated that their goal was to gerrymander congressional districts in favor of one party despite an evenly split electorate. 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 gerrymander is in clear violation of the First Amendment, the Equal Protection Clause of the 14th Amendment, and Article I, sections 2 and 4 (the Elections Clause) of the United States Constitution.

Who are the plaintiffs?

Common Cause, the North Carolina Democratic Party, 14 Democratic voters and one Republican voter. There is at least one plaintiff from in each of the state’s 13 congressional districts.

What are the facts?

The North Carolina partisan gerrymander was created in response to a court order that found several North Carolina districts to be unconstitutionally racially gerrymandered and required the General Assembly to redraw them. The 2016 map was drawn by a Republican mapmaker who had explicit instructions to ensure that there was a 10-3 Republican majority in the congressional delegation. While public input was solicited, the map was completed prior to receiving any feedback and the public was not given a chance to respond to the draft map. In discussing the new map on the floor of the General Assembly, the leading lawmaker who drew districts leaned into a microphone and publicly stated that his goal was “to gain partisan advantage” for the Republican party.

In a clear example of weakening the political power of black voters, America’s largest historically black university, North Carolina A&T, is split down the middle and divided into two congressional districts. As demonstrated by several leading scientists and mathematicians, the map also clearly cracks and packs North Carolina communities to prevent their voices from being heard.

Where is the case now?

On August 27, 2018, a three-judge panel of the trial court issued a 321-page opinion finding that Plaintiffs had standing to bring all of our claims and that the 2016 map was an unconstitutional partisan gerrymander and requiring the maps to be redrawn.  Appeals from decisions of three-judge panels go directly to the Supreme Court of the United States and the North Carolina General Assembly has filed their notice of appeal.

Because of the short amount of time before the November election, the court agreed with the parties that the 2016 map could be used for this year’s election.

On September 12, 2018, the three-judge panel issued an order granting a stay pending review by the Supreme Court on the condition that the defendants do not delay their appeal.


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