On February 9, the 4th circuit stayed the U.S. District Court order in North Carolina Democratic Party v Berger, 18-1150. The vote was 2-1. Judges Stephanie Thacker (an Obama appointee) and Paul Niemeyer (a Bush Sr. appointee) were in the majority. Judge Diana Motz (a Clinton appointee) dissented.

Therefore, there will be no 2018 primaries for the four statewide judicial elections in North Carolina. Even though party labels are on the ballot, all candidates will qualify as individuals and will only appear on the November ballot. Thanks to Rick Hasen for this news. The Fourth Circuit did not issue any explanation for its decision.