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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNC gerrymandering vs Pennsylvania can someone explain the dif (i know one is state and other fed)but
Are there any other differences? could NC case be fought somewhat like the Pennsylvania one? TY for ur reply
zipplewrath
(16,646 posts)PA was based upon the state constitution and their Supreme Court.
bluestarone
(16,723 posts)depending on what they want?
PoliticAverse
(26,366 posts)that will be decided around June.
Until that ruling it's basically on a state by state basis.
zipplewrath
(16,646 posts)It can hinge on the unique wording of a state constitution, or on the interpretation of the particular state Supreme Court.
bluestarone
(16,723 posts)zipplewrath
(16,646 posts)Unless they have some reason to have a significant effect on the Court. Now, legislatively they can change the districts to be more balanced and fair, although I suspect they'd be tempted to tilt them democratically.
bluestarone
(16,723 posts)appeal to ST supreme court rt? And in the NC case (according to NC constitution) the Federal SC will decide? SRY Just trying to get it straight in my mind
zipplewrath
(16,646 posts)All things are possible. But the USSC is unlikely to overturn a decision based upon a State Constitution. But ya never know.
BumRushDaShow
(127,330 posts)Here in PA, there is a group called Fair Districts PA that has promoted legislation and a timeline to amend the state Constitution (upon approval from the public via a referendum) in order to create an independent Commission to do the congressional (and probably state) lines after the 2020 census.
Eric Holder is leading an organization called the "National Democratic Redistricting Committee" to help shepherd states through the process, with a focus to get Democrats back to the level they should be based on voter affiliation.
John1956PA
(2,654 posts)The court ordered that the state must draw a new congressional map ahead of the 2018 midterms, according to multiple reports. The decision is a major victory for Democrats, who argued the map had been gerrymandered to benefit Republicans.
Republicans redrew the states map in 2011. The states general assembly must submit a new map to the governor for consideration by Feb. 9, according to the court order.
Democratic Gov. Tom Wolf then has until Feb. 15 to submit a plan to the court.
http://www.post-gazette.com/image/2017/12/08/1140x_q90_a10-7_cTC_ca0,0,1250,833/congressional-map-established-in-2011.png
wishstar
(5,267 posts)whereas the NC Supreme Court ruling that gerrymandering was unconstititional could be appealed to the Supreme Court (because of NC constitution) and the Federal Supreme Court ruled that they will not make final decision yet for NC and that in the meantime they are allowing NC districts to not have to be redrawn yet.
Gothmog
(144,005 posts)This is a decent explanation http://electionlawblog.org/?p=97047
This case is separate from a federal constitutional case (Agre v. Wolf) that is on its way to SCOTUS. That case may be mooted by todays state ruling.
I leave to others whether the Republican legislature and Democratic governor would be able to agree on a plan.
But Republicans have already said they will appeal todays ruling to the U.S. Supreme Court. At first blush, it looks like there would be no basis, as this case is under the Pa. Constitution, and the state supreme court is the final arbiter of what that means. However, as Ive noted, the state legislature may argue that Article I vests in the state legislature, and not the state courts, the power to set the rules for congressional elections (subject to congressional override). These kinds of arguments have not done well in recent years (think of the Arizona redistricting case), but perhaps thats what the Republicans have in mind. Shades of Bush v. Gore. The argument is a long shot but not an impossible one.
dsc
(52,130 posts)in the election of 2016, Democrats won control of the court and I thought people were thinking of bringing a state level case. That said, different state constitutions stay different things.