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Brewster v. Berger

Three North Carolina voters filed a lawsuit asking a federal court to allow the 2020 congressional elections to proceed under a map currently blocked by a state court.

Last Updated: January 22, 2020
Published: November 4, 2019

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

Case Background

Three North Carolina voters – one of whom intends to run for a congressional seat in 2020 – have filed a federal lawsuit concerning the state’s 2016 congressional plan. The plan was recently blocked by a state court in Harper v. Lewis while litigation in that court over a partisan gerrymandering claim continues. The plaintiffs in Brewster argue that the state court’s order temporarily blocking the plan has the potential to harm congressional campaigns and delay the primary elections, in violation of the plaintiffs’ rights under Article I of the U.S. Constitution, as well as the First, Fifth, and Fourteenth Amendments.

On November 1, the plaintiffs in Harper v. Lewis filed a motion to intervene as defendants.

On December 2, 2019, the court denied the plaintiffs’ motion to permit the 2020 elections to move forward under the current map. On December 5, 2019, after the North Carolina General Assembly enacted a new congressional plan for 2020, the plaintiffs voluntarily dismissed their suit.


District Court