Court refuses to throw out judge's N.C. district maps
By SCOTT MOONEYHAM, Associated Press Writer
June 28, 2002 1:37 am
Posted on 06/28/2002 5:44:52 AM PDT by Constitution Day
Court refuses to throw out judge's N.C. district maps
By SCOTT MOONEYHAM, Associated Press Writer
June 28, 2002 1:37 am
RALEIGH, N.C. -- Legislative Democrats have lost another round in the redistricting wars, but still aren't giving up.
A U.S. District Court panel refused Thursday to stop North Carolina's legislative elections under districts created by a state court judge.
The three-member panel in the District of Columbia said there is no compelling reason to issue an injunction stopping the approval process of the district map that is now under way.
Democratic House and Senate leaders sought the emergency injunction after state Superior Court Judge Knox Jenkins rejected newly drawn legislative districts last month. Jenkins ruled the maps drawn by the Legislature did not meet constitutional requirements set out by the state Supreme Court.
Sen. Patrick Ballantine, R-New Hanover, the Senate minority leader, said the ruling is just more proof that Democrats are on shaking legal ground.
"We say enough of this obstruction and delay. Let's move on with the election," Ballantine said.
The redistricting dispute began when Republican legislators, including Ballantine, sued to stop elections under districts approved by the Legislature last fall.
The state Supreme Court ultimately ruled that those maps were unconstitutional, with districts crossing too many county boundaries. Lawmakers held a special session to redraw the maps, but Jenkins rejected the results.
The case has led to an indefinite delay in North Carolina's primary elections, which were scheduled for May. 7.
In refusing to grant the request for an injunction, the U.S District Court panel cited related lawsuits that are still active, as is the federal approval process of the district maps.
The U.S. Justice Department, named as a defendant in the Democrats' lawsuit, is reviewing Jenkins' districts to see if they comply with the federal Voting Rights Act.
Thursday's ruling does not prevent the federal court from eventually stepping in to decide whether Jenkins' district plans protect minority voting rights.
The court, though, noted that Justice Department lawyers indicated they are likely to rule within two weeks on whether the districts comply with the Voting Rights Act.
House Speaker Jim Black and Senate leader Marc Basnight, both Democrats, had sought a ruling that Jenkins' maps violate federal law and wanted the federal court to essentially bypass the Justice Department. State Attorney General Roy Cooper also filed motions to intervene, saying the Jenkins plans violate the Voting Rights Act.
The judges cited another case pending in U.S. District Court in the Eastern District of North Carolina, saying the defendants can seek a remedy there. The case was brought by a black Fayetteville woman, Linda Sample, who claims the new plans dilute minority voting strength.
Basnight, D-Dare, said he also hopes a hearing Tuesday in the Sample case will further resolve the issues.
"We remain concerned about moving forward with our elections and ensuring that North Carolina's voters have a fair opportunity to exercise their constitutional right with no more disruption or confusion than they have already suffered," he said.
URL for this article: http://www.heraldsun.com/state/6-241870.html
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Do all these Democrats use the same dictionary as Da$$hole, or what?
CD
.
Please Freepmail me if:
1) You want to be added to my North Carolina ping-list.
2) You no longer want to be included in this North Carolina ping-list.
FRegards,
Constitution Day
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By the way, when do I get to claim disenfranchisement?
No, no, no!
You cannot claim disenfranchisement, silly!
Everyone knows that term only applies to those downtrodden souls who are oppressed by the patriarchical WASP overclass. 8^)
LOL, I can just hear the conversation now.
I dare you to call them.
In fact, I double-dog-dare you! :)
The thought is so funny it's almost WORTH calling them. He..He..He! I may just have to think about this call when I return this afternoon. It really would be hilarious to ask NOW to fight against the Dems. ROFLMAO!
At the very least, it would raise their blood pressure.
Lord knows they get ours up enough.
That, CD, is probably The Understatement Of The Day. :)
CD
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