Unanimous North Carolina Decision

I’ll have more to say soon about the important district court decision striking down North Carolina’s congressional plan on partisan gerrymandering grounds. (This is a case in which I’ve been involved as a lawyer.) For now, let me just note two things: First, this is the first time a federal court has ever invalidated a congressional (as opposed to a state legislative) map as a partisan gerrymander. And second, the court’s decision was actually unanimous, not split. Judge Osteen disagreed with the majority about some of the other theories asserted, but on the core equal protection claim, he agreed that the plan was unconstitutional.

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