Warning to Lawmakers

Nov 8, 2019 (Raleigh) While all eyes are again on North Carolina over the court’s continuing assault of our Legislature’s explicit duty to draw the political boundaries, there are a few things the voters will learn.

Political Commentator, George Will
  1. As George Will so eloquently wrote, “The practice the court . . . consider[s] is ‘partisan gerrymandering.’ This modifier, however, does not modify; there is no other kind of gerrymandering.”
  2. “Gerrymandering is generally as surreptitious as a brass band and is, always and everywhere, as political as lemonade is lemony. It is the drawing of district lines by faction A for the purpose of disadvantaging faction B.”
  3. Prior to 1962 (yet another “gift” from the Warren Court?) “the court stayed away from the inherently political process of the drawing of district lines by legislatures organized along partisan lines because the Constitution is unambiguous.”
  4. Will added, that the Constitution was silent on the question of limits on state legislatures’ partisan redistricting practices and he pointed explicit language “regarding Congress’s exclusive power to modify these practices.”
  5. Will’s final warning was that if courts take any portion of the Legislature’s redistricting power to itself, that it will invite “avalanches of litigation arising from partisan unhappiness about states’ redistricting plans. And no matter how the court decides each case, its reputation as a nonpolitical institution will be steadily tarnished.”

“Avalanches of Litigation”

The only benefit the lawmakers are seeking with HB 140 is that they are sick of seeing their names listed as defendants in redistricting lawsuits and this bill would achieve that self-serving goal. Of course, they lose control of the process, but that’s a gamble they are downplaying (or even denying).

The reason the Left is signing on is that HB140 will strengthen the Judiciary’s control over the redistricting process and the “sue ’till they’re blue” campaign will fight harder than ever in North Carolina.

“There are at least two clear avenues of attack written into this law,” said Jay DeLancy of Voter Integrity Project. “As soon as the maps are drawn, Lawfare Inc. will find a plaintiff and sue, sue, sue.”

(Proposed language that would be added into Sec 25 of the NC Constitution.)

Any well-funded lawfare organization can sue the Commission by accusing them of violating either of the above two seemingly innocuous restrictions on redistricting and it will give the Judiciary further leverage to achieve their goal of proportional representation.

“We fully agree that activist groups should not be able to use the courts to bully legislatures into more favorable districts,” DeLancy said, “but we’d suggest the House leadership design an amendment that would clarify their constitutional authority, rather than give it away.”