The North Carolina Supreme Court Friday struck down a gerrymandered legislative district map unconstitutional under the North Carolina state constitution.

In August 2021, North Carolina’s General Assembly released its proposed redistricting criteria. The proposed criteria mandated a race-blind approach to redistricting and was criticized for not complying with the Voter Rights Act (VRA). In November 2021, despite complaints, North Carolina state legislators ratified U.S. Congressional, NC House, and NC Senate maps across strict party lines.

In Harper v. Hall, plaintiffs alleged that the enacted redistricting maps violate the North Carolina Constitution, specifically its Free Elections Clause, its Equal Protection Clause, and its Freedom of Speech and Assembly Clauses (Art I §§ 10, 19, 12, and 14 respectively).

Plaintiffs sought a preliminary injunction to stop the implementation of the maps. The trial court denied the injunction despite finding that the enacted maps “systematically favor the Republican Party to an extent which is rarely, if ever, seen in the non-partisan collection of maps.” The trial court concluded that “claims of extreme partisan gerrymandering present purely political questions that are nonjusticiable under the North Carolina Constitution” and “judicial action in the manner requested would be usurping the political power and prerogatives of an equal branch of government.”

On appeal, the North Carolina Supreme Court reversed the trial courts holding, instead finding that partisan gerrymandering claims are justiciable under the North Carolina Constitution and that the enacted Congressional maps, the state House maps, and state Senate maps, violate the North Carolina Constitution and must be struck down.

The US Supreme Court heard oral arguments earlier this month about North Carolina’s “independent state legislature” theory for redistricting and a decision is expected next June.