Covington v. North Carolina

267 F. Supp. 3d 664
CourtDistrict Court, M.D. North Carolina
DecidedJuly 31, 2017
Docket1:15CV399
StatusPublished
Cited by8 cases

This text of 267 F. Supp. 3d 664 (Covington v. North Carolina) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Covington v. North Carolina, 267 F. Supp. 3d 664 (M.D.N.C. 2017).

Opinion

ORDER

Thomas D. Schroeder

In a Memorandum Opinion entered August 15, 2016, this Court held that twenty-eight North Carolina State House and Senate districts (the “Subject Districts”) are racial gerrymanders in violation of the Equal Protection Clause of the United States Constitution. (Docs. 123, 125.) Although declining to order modifications to the challenged districts prior to the fast-approaching November 2016 election, the Memorandum Opinion and accompanying Order enjoined the State from “conducting any elections for State House and State Senate offices after November 8, 2016, until a new redistricting, plan is in place,” (Doc. 125, at 1), and “order[ed] the North Carolina General Assembly to draw remedial districts in their next legislative session to correct the constitutional deficiencies in the Enacted Plans,” (Doc. 128, at 163). Separately, the Court ordered the parties to submit supplemental briefing addressing “the appropriate deadline for the North Carolina legislature to draw new districts” and “whether additional relief would be appropriate before the regularly scheduled elections in 2018.” (Doc. 124, at 1.)

Upon consideration of these submissions, the Court issued an order on November 29, 2016, directing the General Assembly to draw new districting plans by March 15,2017. (Doc. 140, at 5.) This order further required the State to hold special primary and general elections using a constitutionally adequate districting plan no later than “late August or early September” and “early November,” respectively. (Doc.- 140, at 7.) Rather than submit a proposed redistricting plan, however, Defendants sought and obtained a stay of this Court’s November 29, 2016, order pending review of the merits of Plaintiffs’ constitutional claims in the Supreme Court of the United States. North Carolina v. Covington, - U.S. -, 137 S.Ct. 808, 196 L.Ed.2d 594 (2017) (mem.).

On June 5, 2017, the Supreme Court unanimously affirmed .this Court’s judgment that the existing legislative districts violate the constitutional rights of North Carolina voters. North Carolina v. Covington, — U.S. -, 137 S.Ct. 2211, 198 L.Ed.2d 655 (2017) (mem.). In a separate per curiam order and opinion, the Supreme Court vacated this Court’s November 29, 2016, remedial order and remanded the case to permit this Court to conduct a more fulsome analysis regarding whether special elections are warranted. North Carolina v. Covington, — U.S. -, 137 S.Ct. 1624, 198 L.Ed.2d 655 (2017) (per curiam).

Following the Supreme Court’s decisions, Plaintiffs moved this Court to establish a time line for adoption of a new redistricting plan and to establish an expedited schedule for deciding whether additional remedial relief is warranted, including whether this Court should order a special election. (Docs. 150, 151, 152.) On July 13, 2017, this Court set Plaintiffs’ motions for hearing on July 27, 2017, and invited the parties to provide evidence, briefing, and argument regarding all issues relevant to remedying the constitutional violation. (Doc. 165.)

[666]*666In briefing and at argument, Plaintiffs requested that-this Court: (1) permit the North Carolina General Assembly two more weeks, until August 11, 2017, to-enact remedial districts to remedy the constitutional violations and (2) order a special election using constitutionally . adequate districts before the General Assembly reconvenes for its 2018 legislative session on May 16, 2018. (Doc. 173, at 1.) Defendants State of North Carolina and North Carolina Board of Elections took no position on Plaintiffs’ proposed remedies. (Doc. 162, at 2.) Defendants Senator Berger, Senator Rucho, Representative Moore, and Representative Lewis (the “Legislative Defendants”) proposed November 15, 2017, as the deadline for the General Assembly to enact'remedial districts. Legislative Defendants also opposed Plaintiffs’ request that this Court order a special election. (Doc. 161, at 2.)

As will be explained more fully in a forthcoming memorandum' opinion, we deny Plaintiffs’ request for a special election.

Regarding the timeline for the General Assembly to enact remedial districts, Plaintiffs make four principal arguments in support of their two-week deadline. First, Plaintiffs emphasize that fifty weeks have passed since this Court found that the Subject Districts are unconstitutional racial gerrymanders, meaning that the General Assembly already has had ample opportunity to draw new districts. (Doc. 156, at. 16.) Second, Plaintiffs offered evidence and continue to maintain that the absence of new districts makes it difficult for prospective legislative candidates to decide whether to run, raise money, and begin campaigning because those candidates do not know in which district they will be eligible to run or whom their prospective constituents and opponents will be. Third, Plaintiffs note that their proposed deadline is consistent with N.C. Gen. Stat. § 120— 2.4, pursuant to which the General Assembly is afforded two weeks to remedy any defect identified by North Carolina courts in a state legislative or congressional dis-tricting plan. (Doc, 173, at 4.) Finally, Plaintiffs assert that their proposed time-line is administratively and legislatively feasible because the General Assembly was able to redraw and enact new legislative districting plans within two weeks of the Supreme Court of North Carolina’s decision in Stephenson v. Bartlett, 355 N.C. 354, 562 S.E.2d 377 (2002), which held the General Assembly’s 2001 state legislative districting plan void in its entirety. (Doc. 173, at 3-4 (citing Stephenson v. Bartlett, 357 N.C. 301, 582 S.E.2d 247, 248-49 (2003)).)

By contrast, Legislative Defendants assert that Plaintiffs’ proposed August 11, 2017, deadline will provide them with insufficient time to conduct public hearings and engage in the robust deliberations necessary to develop districting plans that fully remedy the constitutional violations in the 2011 districting plans. To that end, Legislative Defendants represented to the Court that the North Carolina Senate Redistricting Committee (the “Senate Redistricting Committee”) and the North Carolina House Redistricting Committee (“House Redistricting Committee”) intend to hold public hearings throughout the State to receive comment on both the proposed criteria to be used in drawing the maps and the proposed remedial district-ing maps subsequently drawn in accordance with those criteria.

We agree with Plaintiffs that the General Assembly already has had ample time to enact a remedial districting plan. Indeed, the General Assembly has been in session several. times since the Court entered its Order directing the General Assembly to draw new districts in August 2016. We also [667]*667agree that constitutionally adequate districts should be enacted as quickly as possible to protect the rights of North Carolina citizens and to .minimize any chilling effect on political, participation attributable to the continued absence of a districting plan in the face of a finding of unconstitutional racial gerrymandering. ,.

At the same time, we recognize the legislature’s right to draw the new districts in the first instance, if it will do so in a timely fashion. We do not disagree with.Legislative Defendants that there are many benefits to a time line that allows for the General Assembly (1) to receive public feedback on the criteria to be used in drawing the remedial.

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Related

Common Cause v. David Lewis
956 F.3d 246 (Fourth Circuit, 2020)
Covington v. North Carolina
283 F. Supp. 3d 410 (M.D. North Carolina, 2018)

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Bluebook (online)
267 F. Supp. 3d 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-v-north-carolina-ncmd-2017.