United
States Supreme Court Chief Justice John Roberts did not say, “no.” He did not
say, “yes.” Instead, he said, “maybe.”
“Maybe”
is what Roberts told North Carolina Governor Pat McCrory and top state Republican
officials when they asked him to sideline a federal court ruling and at least
grant a stay on the federal court panel’s order. In that order, the
three-judge, federal court panel ruled unconstitutional the boundaries of North
Carolina’s 12th and 1st Congressional Districts, and gave
the State until Friday, Feb. 19, to draw new districts, according to reports in
The Charlotte Observer (2/11/2016, 2/10/2016).
Specifically,
Chief Judge John Roberts offered no decision on the NC Republicans’ request for
a stay and hearing. Instead, Roberts ruled that the plaintiffs in the
Congressional re-districting case have until Tuesday, Feb. 16, to provide a
response to the State’s request. That leaves only three days until the lower
federal court’s original deadline for the State to redraw the districts,
according to The Charlotte Observer (2/11/2016).
Therefore,
the Chief Justice did not rule, “yes.” He did not rule, “no.” He ruled “maybe,”
with an unrealistic time crunch, to boot.
Yesterday,
Friday, Feb. 12th, the NC legislature decided to move ahead with
redrawing the two districts to remain in compliance with the original federal
court panel’s decision, according to The Charlotte Observer (2/13/2016).
That was a wise choice. All of us wait to hear, however, what Chief Justice
John Roberts will rule on Tuesday or soon after on the State’s request and
appeal.
I
think Justice John Roberts should grant a stay on the enforcement of the
federal court panel’s ruling, but should not grant a hearing and appeal with
the US Supreme Court. I hear the NC State officials’ complaint that the quick
timing of the decision would throw this election into disarray, since it would
force the State to move too quickly on the redrawing of the districts.
Therefore, I think the Chief Justice should allow the decision to take effect
immediately after the primary election: Roberts should give the State one
month, until April 15th, 2016, to redraw the districts. That would
be substantially more time than the two weeks originally provided by the panel,
more than the one week that the State legislature is taking and using, and
would not fall in the middle of a primary election. The new districts should be
in place, however, by April 15th, I think, which would provide ample
time for the general election to be held with the new district boundaries.
The
current Congresswoman for the 12th District, Alma Adams, is running
for re-election this year. She offered no opinion on the federal court decision
at this time, but instead, she focused her attention on continuing to do her
job as a Congresswoman and on running her re-election campaign.
“We
don’t know what the impacts of this decision will be yet, but for now I am
concentrating on doing my job as the Congresswoman for the 12th District,” Alma
Adams said in a statement, “and running a campaign on the basis of my strong
record of doing what is right for North Carolina and my District.” Sam Spencer,
campaign manager for Congresswoman Adams, provided the statement.
Regardless
of the outcome of all the current litigation, I support and endorse
Congresswoman Alma Adams, a Democrat, for re-election to Congress in the 12th
District. I agree with her, and think she is good for the people of North
Carolina, serving as our representative in Washington.
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Congresswoman Alma Adams |
Which
brings us back to the merits of the case before the Chief Justice. I think the
reality is obvious, and should not need to be heard by the full Supreme Court.
The current party breakdown of NC’s congressional delegation is 10 Republicans
and three Democrats, according to Jim Morrill of The Charlotte Observer
(2/10/2016). That represents a lopsided number. Part of that must be attributed
to the current political climate in North Carolina, definitely trending
conservative and Republican, but part of that partisan representation may be
due to Congressional maps that favor exactly the breakdown and representation
we currently have.
Both
the 12th and the 1st are represented by African-American
Democrats, for example, and with the exception of one other seat held by a
Democrat, all other seats are held by Republicans. That is precisely the kind
of lop-sided representation that the current Congressional district maps in NC
encourage.
The
numbers follow race, as well. The Democratic Party vote is weakened across
districts, and the African-American vote is concentrated into these two districts,
both represented by African-American officials. These results indicate the
diluting of the African-American vote out of nearby districts, and into the 12th
and the 1st.
I
think these two districts should be redrawn with sensible, obvious geography
and politics as top concerns.
We should keep race in mind, however, I think,
still, at this time. If it turns out that under the new maps, there are no
African-Americans in the NC congressional delegation, then I think we might
revisit the issue once again. Although I think we have made substantial progress
in guaranteeing the right to vote to the African-American population, and in redressing
their absence from political representation in Washington, still I think we are
not all-the-way there on the voting rights front, as addressed by the Voting
Rights Act of 1965 and under the Equal Protection Clause of the 14th
Amendment to the US Constitution.
For
now, though, I think the numbers spell out an obvious case. We need to redraw
these maps in a timely fashion with as little disruption to the current
election as possible. I think there is no need for the full Supreme Court to
explore all of these issues yet again, however, particularly for the 12th
District, which, according to Jim Morrill of The Charlotte Observer, has
already been heard by our top court at least four times.
Leave
it alone, I would argue. Delay the federal court panel’s ruling to make it more
palatable to enforce by the current NC government, and otherwise, leave it alone.
Let the ruling stand without further appeal. The merits of the case are
obvious. This federal court panel has the right time for North Carolina in this
ruling, and its order should stand.
—Nicholas Patti
Charlotte, NC