Supreme Court rehearings in election-related cases officially set for March 14-15 | Eastern North Carolina Now

The N.C. Supreme Court will rehear the Harper v. Hall redistricting case on March 14. It will rehear the Holmes v. Moore voter ID case March 15.

    Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is CJ Staff.

    The N.C. Supreme Court will rehear two election-related cases on back-to-back days next month. The court's official calendar sets a March 14 hearing date for the Harper v. Hall redistricting case. Justices will take up the Holmes v. Moore voter ID case March 15.

    The state's highest court announced one week ago that it had granted state legislative leaders' request to rehear both cases.

    Justices voted 5-2 for both rehearings, with Republican justices voting yes and Democratic justices voting no.

    In Holmes v. Moore, the state Supreme Court ruled 4-3 on Dec. 16 to strike down North Carolina's 2018 law mandating photo voter identification. The court's Democrats outvoted Republicans in ruling that the law discriminated against minority voters.

    In a Feb. 3 order signed by new Justice Trey Allen, the court ruled that state legislative leaders' petition for rehearing "satisfies the criteria" set out in court rules.

    Legislative leaders must file any additional documents in the case by Feb. 17. Voter ID critics can respond by March 3.

    "In their supplemental briefing, the parties shall address the following issues: (1) the issues raised in the petition for rehearing and (2) whether the operation of the challenged statute is impacted by the pending legal challenge to N.C. Const. Art. VI, Sec. 3(2), addressed by this Court in N.C. State Conf. NAACP v. Moore, 382 N.C. 129 (2022)," according to the order.

    The N.C. NAACP v. Moore case challenged the 2018 voter-approved state constitutional amendment - Article VI, Section 3(2) - that mandated voter ID. The state Supreme Court sent the case back to a trial judge in August. The 4-3 Democrat-majority court set out guidelines for a trial judge to determine whether the amendment could be thrown out.

    Justice Michael Morgan wrote for the Democrats dissenting from the Holmes v. Moore rehearing order.

    "There is no aspect of the case at issue which is presented by petitioners in their Petition for Rehearing which meets the historically and purposely high standards to qualify for this Court's exceedingly rare extension of the opportunity for a party which has already been fully heard by this Court through written submissions and oral arguments - followed by a studious and thorough analysis of the matters at issue which culminates in this Court's issuance of its binding opinion - to be afforded yet another opportunity to be heard by this Court upon the party's original unsuccessful efforts," Morgan wrote.

    The same 4-3 Democratic majority from the outgoing 2022 state Supreme Court ruled on Dec. 16 in the Harper v. Hall redistricting case. The high court's Democrats confirmed a trial court's decision to throw out legislators' second version of a congressional election map. The split Supreme Court also voted to reject the state Senate election map used in the 2022 election.

    "Upon consideration of legislative-defendants' petition and the arguments therein, this Court allows the petition for rehearing," according to a separate Feb. 3 order signed by Allen.

    The parties in Harper v. Hall face the same briefing deadlines as in the voter ID case.

    "In addition to the issues raised in the petition for rehearing, the parties shall also brief the following issues: (a) Whether congressional and legislative maps utilized for the 2022 election, which were drawn at the direction of this Court, are effective for future elections; (b) What impact, if any, the following provisions of the North Carolina Constitution have on our analysis: Article II, Section 3(4) and Article II, Section (5)(4); and (c) What remedies, if any, may be appropriate," according to the order.

    The two cited state constitutional provisions set limits on redrawing legislative election maps more than once every 10 years. Article II, Section 3(4) reads: "When established, the senate districts and the apportionment of Senators shall remain unaltered until the return of another decennial census of population taken by order of Congress." Article II, Section 5(4) uses nearly identical language to limit redrawing of state House districts.

    Justice Anita Earls wrote for the Democrats dissenting from the Harper v. Hall rehearing order. "The majority's order fails to acknowledge the radical break with 205 years of history that the decision to rehear this case represents," Earls wrote. "It has long been the practice of this Court to respect precedent and the principle that once the Court has ruled, that ruling will not be disturbed merely because of a change in the Court's composition."

    State lawmakers already plan to redraw the congressional election map for 2024 elections. The rehearing in Harper v. Hall will help determine whether legislators will also redraw maps for their own elections.

    The outgoing state Supreme Court issued both the voter ID and redistricting decisions last December, little more than one month after voters replaced two Democratic justices with Republicans. Those two new justices took their oaths of office on Jan. 1, two weeks after the outgoing court issued its rulings.

Do you consider Election Integrity an issue of some real importance, or just another conspiracy theory interfering with Democratic Socialist political hegemony?
  No, complete access to everyone voting, even in a willy nilly manner, is more important than getting it right by limiting access to those that would commit Voter Fraud.
  Yes, the most inalienable right of real citizens of this Democratic Republic is the Right to Vote, and that right shall remain sacrosanct for perpetuity.
  Again, I don't vote and I don't care.
730 total vote(s)     What's your Opinion?

Go Back

Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )

Wake DA closes investigation of Stein in case tied to challenged NC criminal libel law Carolina Journal, Statewide, Editorials, Government, Op-Ed & Politics, State and Federal, Bloodless Warfare: Politics Crime Surge in Asheville, Break-Ins Up 200%


Latest Bloodless Warfare: Politics

As the first presidential debate between President Joe Biden and Donald Trump nears, the Biden campaign is ratcheting up its attacks on the presumptive Republican nominee’s 34 felony convictions.
Democrat strategist James Carville raged against the legacy media this week, demanding that they take an even more biased approach when reporting on former President Donald Trump.
Republican congressman Byron Donalds said it would be a “great honor” if former President Donald Trump were to ask him to be his running-mate for 2024, saying the ultimate goal is for Trump to win and he’ll do whatever he’s asked to help him do that.
Voters in Arizona will have the opportunity to enact broad border security measures in November as the state faces a flood of illegal immigration after the Republican-led state legislature passed a resolution that will put the measures on the general election ballot.
The former White House physician for Presidents Barack Obama and Donald Trump says that a new report this week about how President Joe Biden is struggling to function behind closed doors represents a serious threat to the U.S.
President Joe Biden challenged former president Donald Trump to debates last week because Biden needs to swivel the political spotlight away from his record ahead of the election, according to Daily Wire editor emeritus Ben Shapiro.
Senate Democrats plan to gin up the abortion issue as the nation nears the second anniversary of the overturning of Roe v. Wade in an effort to win voters in potentially crucial swing states.
Speaker Mike Johnson (R-LA) and former President Donald Trump ripped NBC as “weak” and “an absolute disgrace” after the network dropped former Republican National Committee Chair Ronna McDaniel four days after announcing her hiring as a contributor.
Liberal comedian Bill Maher praised Florida Governor Ron DeSantis this week for taking the fight to Disney over their sexualization of children.


Back to Top