Harper v. Lewis

Note: The Brennan Center is not a participant in this case.

Fourteen North Carolina voters have filed a lawsuit in state court challenging North Carolina’s current congressional map on partisan gerrymandering grounds. The map in question was redrawn in 2016 after the federal courts—in Harris v. McCrory— invalidated the prior plan for racial gerrymandering. The 2016 map, argue plaintiffs, was drawn with express intent to maximize and entrench Republican party advantage in the state’s congressional delegation. The plaintiffs contend that the 2016 remedial congressional map violates several provisions of North Carolina’s constitution: the Free Elections Clause; the Equal Protection Clause; and the Freedom of Speech and Freedom of Assembly Clauses.

The plaintiffs are asking the court to declare the map unconstitutional under the North Carolina Constitution and to enjoin the state from using the current map in any further elections. The plaintiffs are also asking the court to order the state to adopt a new plan that complies with the North Carolina Constitution.

On October 24, the state court granted a motion to intervene filed by three Republican members of the North Carolina congressional delegation. On October 28, the panel granted the plaintiffs’ motion for preliminary injunction, preventing the use of the 2016 plan in upcoming elections, pending the ultimate resolution of the lawsuit.

On October 31, plaintiffs filed a motion for summary judgment. On December 2, 2019, the panel lifted the prior preliminary injunction, allowing the 2020 congressional election to proceed under a new plan passed by the General Assembly on November 15.  

Documents

Wake County Superior Court

• Complaint (September 27, 2019)
• Plaintiffs’ Motion for Preliminary Injunction (September 30, 2019)
• Declarations in Support of Motion for Preliminary Injunction (September 30, 2019)
• Proposed Order on Plaintiffs’ Motion for Preliminary Injunction (September 30, 2019)
• Motion for Expedited Briefing and Resolution of Plaintiffs’ Motion for Preliminary Injunction (September 30, 2019)
• Motion to Intervene (October 9, 2019)
• Order on Plaintiffs’ Motion for Expedited Proceedings (October 10, 2019)
• Order Granting Motion for Preliminary Injunction (October 29, 2019)
• Plaintiffs’ Motion for Summary Judgment (October 31, 2019)
• Intervenor-Defendants’ Answer (November 1, 2019)
• Legislative Defendants’ Answer (November 6, 2019)
• Plaintiffs’ Motion to Set Schedule for Review of Remedial Plan (November 15, 2019)
• Legislative Defendants’ Motion for Summary Judgment (November 15, 2019)
• Legislative Defendants’ Motion to Expedite (November 15, 2019)
• Order Enjoining Congressional Filing Period (November 20, 2019)
• Intervenor-Defendants’ Brief in Opposition to Plaintiffs’ Motion for Summary Judgment (November 22, 2019)
• Legislative Defendants’ Brief in Opposition to Plaintiffs’ Motion for Review (November 22, 2019)
• Legislative Defendants’ Brief in Opposition to Plaintiffs’ Motion for Summary Judgment (November 22, 2019)
• Plaintiffs’ Brief in Opposition to Legislative Defendants’ Motion for Summary Judgment (November 22, 2019)
• Order (December 2, 2019)

District Court

• Federal Notice of Removal (October 14, 2019)
• Motion to Remand and Expedite Resolution of Motion (October 15, 2019)
• Brief in Support of Motion to Remand and Expedite Resolution of Motion (October 15, 2019)
• Legislative Defendants’ Brief in Opposition to Motion to Remand (October 21, 2019)
• State Defendants’ Brief in Response to Motion to Remand (October 21, 2019)
• Plaintiffs’ Notice Regarding Emergency Motion to Remand (October 21, 2019)
• Legislative Defendants’ Brief in Opposition to Motion for Preliminary Injunction (October 21, 2019)
• State Defendants’ Brief in Response to Motion for Preliminary Injunction (October 21, 2019)
• Order Granting Motion to Remand (October 22, 2019)
• Judgment (October 22, 2019)