North Carolina Supreme Court Schedules March 14 Oral Argument in Rehearing in Harper, the Partisan Gerrymandering Case that Could Moot Moore v. Harper (the Independent State Legislature Case) at SCOTUS

Here is the order. That gives plenty of time for the North Carolina Supreme Court to do what I expect, which is to reverse the earlier holding that partisan gerrymandering violates the North Carolina constitution, before the Supreme Court would rule in the related case, Moore v. Harper.

A ruling eliminating partisan gerrymandering under the North Carolina constitution would almost certainly moot the pending Moore v. Harper case at the Supreme Court, raising the question of the so-called “independent state legislature theory.” I explained why in this Slate piece and in this Bloomberg Law podcast.

Meanwhile, no party at the Supreme Court has yet notified the Court about the rehearing grant, at least not according to what is reflected in the public docket.

Share this: