Although the U.S. Supreme Court is on summer recess, it will return in October. One election law case is scheduled for oral argument at that time. It is Bartlett v Strickland, 07-689, and concerns North Carolina’s legislative redistricting plan. It will be argued October 14.

The North Carolina Supreme Court had invalidated the legislative districting plan, and had said the legislature should pay more attention to following county boundaries, than in creating a district in which it is plausible that African-Americans could elect someone. Normally the federal Voting Rights Act would have said that the goal of creating a Black district is more important than following county lines. However, the North Carolina Supreme Court said the Voting Rights Act does not apply in this instance, because the district in question is only 49% African-American. The North Carolina Supreme Court said the Voting Rights Act would only apply if the district were majority African-American. The U.S. Supreme Court will review that decision. An Amicus Curiae brief against the North Carolina Supreme Court’s position has already been filed by the Attorneys General of 14 states, all of whom have Democratic Attorneys General. They are Arizona, California, Connecticut, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, New Jersey, New Mexico, and Ohio. Other organizations that have filed an amicus brief against the North Carolina Supreme Court’s position include the NAACP, MALDEF (Mexican American Legal Defense & Education Fund), the League of Women Voters, the Campaign Legal Center, and the Lawyers Committee for Civil Rights Under Law.

Briefs on the side of the North Carolina Supreme Court opinion are due August 11. It will be interesting to see if any state Attorney Generals file briefs on that side.