As noted earlier today, the North Carolina Supreme Court will hear oral arguments in Cooper v Berger on August 28, over whether the new law on the makeup of the State Elections Board is valid. On the afternoon of July 20, the Court released a letter saying that the Governor is not now required to comply with the new law. In other words, he is free to leave no board members on duty, during the period between now and when the case is decided.
This slightly indicates that the Court is likely to invalidate the new law, because it would be awkward for the Governor to be forced to appoint eight new members (which the new law requires) if the Court later will invalidate the new law. Thanks to Rick Hasen for this news.
Will Civil WAR II start in DC — due to gerrymander extremists ???
P.R. and nonpartisan App.V.
Civil WAR I in 1860-1861 was directly due to the 1776-1860 minority rule gerrymander regimes – north and south — i.e. NO compromise to end slavery peacefully.
DC and NC
It was actually a court order rather than a letter. The court rejected Cooper’s request for a temporary stay, which would have put the old structure back in place.
In Virginia after the congressional districts were declared unconstitutional, Governor Terry McAuliffe called a special session to draw a new map. After the legislature convened, one retiring Republican senator voted along with the Democrats to adjourn. This produced a tie vote, which McAuliffe’s Lieutenant Governor broke with a vote to adjourn. The Washington Post reported it had something to do with a recess appointment, but this is pretext since the special session was for the purpose of drawing new congressional districts.
After a federal court drew the map, the Virginia Board of Elections which was controlled by McAuliffe’s appointees jumped on the bandwagon.
It appears that Cooper is angling for a similar result in North Carolina, cutting out the legislature.
The old board and its members are still the name defendants in the federal legislative redistricting case.