The Carolina Journal has this interesting article about a pending lawsuit in the North Carolina State Court of Appeals, on whether the state constitution prohibits gerrymandering. The state constitution says all elections shall be “free.” Bard v North Carolina State Board of Elections, COA24-1109.
Thirty state constitutions say that elections must be free and equal, or sometimes they just say they must be “free”. Generally lawsuits filed to strike down unfair election rules seldom win on the basis of that phrase. Judges appear to find that it is too vague.