North Carolina Seeks SCOTUS Stay to Stop Use of New Districts Ordered to Solve Racial Gerrymandering; Reasons for Doubt

Here’s the pleading (via Amy Howe).

As I recently explained,

There are two reasons to give such a stay order lower chances in this case. First, this is a case on remand from SCOTUS, where there have already been findings of a racial gerrymander. In contrast, at this point there is uncertainly whether courts will even have the power to rein in partisan gerrymanders. This is on the table in cases before the Supreme Court this term. Second, in this case there are already redrawn districts approved by the district court. There would not be a further delay in implementing an order. In the other case, there were no new districts drawn yet, and the process would have dragged out further.

Thus, although I think the Court has been very willing (too willing in my view) to make voters wait for remedies in redistricting cases, I think a request for a stay of the racial gerrymandering remedial order has a lower chance of success here.

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