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21 unconstitutional laws passed under the cloud of a racial gerrymander

by RFNC Staff

For the past nine years Republican majorities in the North Carolina legislature have been elected under maps that violate the Constitutional rights of North Carolinians. The nation’s highest court – including a Justice appointed by President Donald Trump – found these legislators’ actions discriminatory. From the N.C. Supreme Court, to the Fourth U.S. Circuit, to the U.S. Supreme Court, courts have not been fooled by North Carolina Republicans who repeatedly enacted unconstitutional laws passed under the cloud of a racial gerrymander.

21 laws enacted by the Republican-led General Assembly were found unconstitutional. Whether it’s restricting access to abortion care or passing the worst voter suppression law in the country, these unconscionable actions by the General Assembly hurt every citizen of this state. In their decision striking down the voter suppression law, the Fourth U.S. Circuit Court of Appeals found that North Carolina Republicans were targeting black voters “with almost surgical precision.” These laws rigged the system and earned North Carolina national headlines for all the wrong reasons. The cases range from the drawing of district maps, to failing to clean up coal ash, to defunding Planned Parenthood, to undermining constitutional checks and balances between the branches of government. In each instance, the court rulings were clear that partisan power grabs are wrong and must end.

Case

Issue

Bill Number

Year Bill Passed

Struck Down By

Constitution Party of North Carolina v. Strach

“Sore loser” law

S486

2018

US District Court Judge

Anglin v. Berger and Moore

Changed process for party labels on ballots

S3

2018

NC Court of Appeals

Common Cause v. Lewis

State legislative districts

H927/S691

2017

US Supreme Court remanded the case to a three-judge panel who said it was a partisan gerrymander

Cooper v. Berger and Moore

Limited Governor’s appointment power.

H90

2017

Three-judge panel struck down portion dealing with appointment process

Common Cause v. Rucho

Federal Congressional districts

S2

2016

A three-judge panel, including one circuit court judge and two district court judges, as unconstitutional partisan gerrymanders in January 2018 and August 2018

Cooper v. Berger and Moore

Created 8-member elections and ethics board.

S4

2016

Three-judge Superior Court Panel; ruling upheld by State Supreme Court

Duke Energy v. North Carolina, Virginia, and the federal government

Coal ash cleanup

S786/S729

2016

State Supreme Court

Faires v. State Board of Elections

NC Supreme Court retention elections

H222

2015

Struck down by three-judge superior court panel, Supreme Court split 3-3 leaving lower court ruling in place

Raleigh Wake Citizens Association v. Wake County Board of Elections

Wake School Board and Commissioner districts

S181

2015

Fourth Circuit (7/16)

City of Greensboro, et al. v. Guilford County Board of Elections

Greensboro City Council districts

H263

2015

Federal Middle District (4/17)

Planned Parenthood South Atlantic v. Woodall et al.

20 week abortion ban

H465

2015

US District Court Judge

NAACP et al. v. McCrory

Voter ID law

H589

2013

Fourth Circuit (7/16); affirmed by US Supreme Court

NCAE v. The State of North Carolina

Eliminated career status for teachers

S402 (2013 Budget)

 

2013

State Supreme Court

City of Asheville v. State of North Carolina

Asheville water control

H488

2013

State Supreme Court

NCAE v. State of North Carolina

NCAE dues checkoff

S727

2012

Superior Court Judge 12/12

Cooper v. Harris

Federal congressional districts

S689

2011

US Supreme Court as unconstitutional racial gerrymanders

North Carolina v. Covington

State legislative districts

H937/S455

2011

US Supreme Court as unconstitutional racial gerrymanders

ACLU v. State of North Carolina

Required abortion providers to show ultrasound

H854

 

2011

Fourth Circuit 12/2015

Planned Parenthood of Cent. North Carolina v. Cansler

Defunding Planned Parenthood

H200 (2011 Budget)

2011

Federal Middle District

City of Rocky Mount v. State of North Carolina

Municipal annexation restrictions

S27/H56/H845

2011

Wake County Superior Court Judge 2012

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