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N.C. Supreme Court rejects redistricting (GOP victory)
UPI ^

Posted on 04/30/2002 8:42:00 PM PDT by Dallas

RALEIGH, N.C., April 30 (UPI) -- The North Carolina Supreme Court on Tuesday rejected state

House and Senate districts drawn last year by Democratic leaders

of the state Legislature, agreeing with Republican claims that

the remapping divided too many counties.

The court, in a split decision, ruled that the new maps

violated the "whole-county" provisions added to North Carolina's

state Constitution in 1968, which say the General Assembly

"may not divide counties in creating Senate and House of

Representative districts except to the extent necessary to comply

with federal law."

In ruling that the new districts were unconstitutional, the

Supreme Court said counties should be divided only when necessary

to comply with the federal Voting Rights Act and ensure "one-

person, one-vote." It also said single-member districts

should be used unless there is a "compelling state interest" for

a multimember district.

"Enforcement of the WCP (whole counties provision) will, in all

likelihood, foster improved voter morale, voter turnout, and

public respect for state government, and specifically, the

General Assembly, as an institution," said the court's majority

opinion written by Chief Justice I. Beverly Lake Jr.

The justices said Superior Court Judge Knox Jenkins Jr., who

originally handled the lawsuit, should conduct a hearing on

whether there is enough time for the Legislature to draw

new maps for this year's elections.

The lawsuit prompted state and local officials to delay primary

elections that had been scheduled for May 7.

"The General Assembly should be accorded the first opportunity

to draw the new plans if so doing will not disrupt the timing of

the 2002 general election," the state's high court said. But it added that the lower court could adopt "temporary or interim remedial plans" if the Legislature does not have enough time to act.

The court's decision, which could be appealed to the U.S.

Supreme Court, was split along party lines, with five Republican

justices in the majority and the two Democrats dissenting.

One of the two dissenters, Associate Justice Sarah Parker, said

she agreed that the "2001 legislative plans duly enacted by the

General Assembly are far from perfect, and are certainly not

aesthetically appealing," but she added that the majority

"exceeded its constitutional authority by amending the state

Constitution."

Copyright © 2002 United Press International
 


TOPICS: Front Page News; Government; News/Current Events; Politics/Elections; US: North Carolina
KEYWORDS:

1 posted on 04/30/2002 8:42:01 PM PDT by Dallas
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To: Dallas
Redistricting is one of the biggest disgraces in national politics. The Democrats have no shame in how they draw the boundries to either suit their own needs or punish those who do not toe the line.

Here in Calif. Ellen Tauscher, another Liberal muilti millionaress, who decided politics was where she wanted to play, was punished for not supporting Nancy Pelosi. Her district was ripped apart, with some of the wealthy areas being taken away. She now has to grovel for votes from the farmers in the lowlands of Dixon. 40-50 miles from her previous area (which was about 25 miles tops in any direction.

Note, nothing against the good people of Dixon. But Ellen Tauscher is more comfortable with a glass of Montrachet and brie, then she is with some fine baby backs and a brew.

My guess is Dixon will never be honored with a vist from Ms. Tauschers Lincoln Navigator driving entourage.

2 posted on 04/30/2002 9:55:40 PM PDT by Michael.SF.
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To: Michael.SF.
It is a shame, but in this instance (doesn't happen often) I see no difference between Dems or Repubs in how they gerrymander.
3 posted on 05/01/2002 7:40:59 AM PDT by Coop
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To: Dallas
Yesterday's thread w/ other links:

Court rules N.C. legislative district plan unconstitutional

4 posted on 05/01/2002 7:46:08 AM PDT by Constitution Day
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To: Coop
In most cases that is a true statement. However, as I recall the last time Calif. was redistricted, the Republicans had more power and the Dems took them to court over the issue.

The redistricting was then supervised by the court.

This time the plan was to save all incumbents. Which is of course BS (but also not surprising).

I like NC's plan where all districts must conatin whole counties (as much as practical).

Taushcer's district is divided into four counties, containing only ortions of each.

My County (Solano) is small and is split between three representatives.

5 posted on 05/01/2002 7:59:40 AM PDT by Michael.SF.
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