Western Carolina University professor talks current status of political maps
Earlier this month, a divided North Carolina Supreme Court struck down the state’s new maps for congressional and General Assembly seats in a 4-3 decision. The Court gave the Republican-controlled legislature until Thursday, Feb. 18, to redraw the maps and explain how the new boundaries were calculated.
“The NC Supreme Court ruled that all three maps (NC House, NC Senate and US Congress) were unconstitutional gerrymanders,” WCU Director of the Public Policy Institute Christopher Cooper said. “The Defendants were required to redraw the lines, and the Court now gets to weigh in on whether to approve the newly drawn lines, to go with one of the maps submitted by one of the plaintiff groups or perhaps to ask a special master to draw the lines.”
The Court had until Feb. 23 to decide whether or not the maps comply with its previous ruling against partisan gerrymandering. If their decision comes before then, the state or any challengers in the lawsuit could make an appeal until 5 p.m. on Friday, Feb. 25. The reasoning for this deadline is that it is the day before candidate filling is set to reopen after closing in December of last year.
“The legislative defendants were asked to go back and submit new maps,” Cooper said. “The NC house passed new maps on a bipartisan vote. The NC Senate and congressional maps had more disagreement at the legislative level. Those maps were submitted late last week to the Court, along with maps drawn by the plaintiff’s groups. The Court will now decide which, if any, of those maps to accept.”
Members of the Republican-controlled state legislature, such as Chief Justice Paul Newby, have claimed that the Court has overstepped its jurisdiction with the ruling, citing the vague wording of the North Carolina State Constitution and the fact that it includes no limits on partisan gerrymandering.
“It’s certainly within their purview,” Cooper said. “The question, or course, is whether it’s the right decision. And I’ll let the people decide the answer there.”
Newby also wrote in his dissenting opinion that the majority justices are acting like policymakers rather than judges by declaring the maps unconstitutional.
“With this decision, unguided by the constitutional text, four members of this Court become policymakers,” Newby wrote. “They wade into the political waters by mandating their approach to redistricting. They change the time-honored meaning of various portions of our constitution by inserting their interpretation to reach their desired outcome.”
The Republican legislature, which was responsible for drawing the maps, can partially appeal the decision to the United States Supreme Court regarding the congressional map. But, it is unlikely that they will make a ruling on the state-level maps.
“On the General Assembly lines, it will almost certainly not be appealed to the US Supreme Court,” Cooper said. “The question is whether the congressional lines will be appealed to the US Supreme Court—and I imagine the answer rests, at least partly in what the Court decides.”
It is not unlikely that the appeal will occur, especially given the state’s status as a battleground state. These new maps could potentially provide paths for the Democratic Party to win a majority in the next election.
“I expect NC to be a purple state in 2024,” Cooper said. “Meaning that we will have a mix of results from the top to the bottom of the ticket. The maps should influence the partisan composition of the NC General Assembly and our 14-member congressional delegation.”
While some voters may find themselves in new districts once the maps are approved, it is doubtful that those living in Jackson County and the surrounding areas will be affected.
“The most likely scenario is that we will remain in NC’s 11th congressional district and 50th state Senate District,” Cooper said. “Jackson County should remain in the 119th House district, and Macon County will almost certainly still rest in the 120th State Senate district. So, for all of the questions around redistricting in NC, the answers shouldn’t affect which district folks in the far-West reside in.”
- By Kaylee Cook