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The North Carolina Court of Appeals on Wednesday ruled against a former state Supreme Court justice who argued that voters have a constitutional right to “fair elections” that prohibits gerrymandered electoral maps.
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A three-judge panel on the court did not find such a right in the state Constitution, and affirmed that redistricting is within the purview of the legislature.
“Plaintiffs’ claim presents a nonjusticiable political question and is therefore beyond the reach of this court,” Judge Chris Freeman wrote for the panel.
By arguing for a new constitutional right to fair elections, the lawsuit, filed by former Republican Justice Bob Orr, had attempted to sidestep the state Supreme Court’s 2023 ruling that effectively legalized partisan gerrymandering.
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But the Court of Appeals ruled that Orr’s lawsuit was still, in effect, a partisan gerrymandering case and therefore not subject to review.
“The panel essentially confirmed that the citizens of North Carolina have no constitutional right to fair elections,” Orr told the News & Observer after the ruling came down. “Fair elections meaning in this case that government cannot constitutionally rig elections. Apparently, government can.”
He said he has not discussed a potential appeal with his clients.
Orr’s case comes after North Carolina Republicans once again redrew the state’s congressional map in order to secure another seat for their party. At President Donald Trump’s request, the legislature redrew the 1st Congressional District last fall, seeking to oust Democratic Rep. Don Davis.
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