"Prohibiting the State from using the duly enacted districting map that governed its last election cycle on the eve of the commencement of the 2018 election cycle is not just practically disruptive, but represents a grave and irreparable sovereign injury", they wrote. Voters are shifted into districts where their votes won't matter, either because their party's candidate can't win or is already sure to win. The groups argued free speech rights were violated because the plan discriminated against voters based on previous political expression. Mark Johnson, an election law and First Amendment expert at the University of Kansas, said the case - the first in which a federal court has struck down a statewide congressional map because of partisan districting - will have long-lasting legal effects. They drew themselves a 10-3 edge, State Rep. David Lewis, a co-chair of the legislature's redistricting committee, openly admitted, because "I think electing Republicans is better than electing Democrats" and "I do not believe it's possible to draw a map with 11 Republicans and two Democrats".
Basically, their ruling says congressional districts as drawn violated the U.S. Constitution's equal-protection clause because they were created to favor Republicans over Democrats.
And that tight timeline plays a prominent role in this emergency motion.
"It makes no sense whatsoever to force North Carolina to immediately remedy a purported partisan gerrymandering violation and commence its 2018 election cycle under a new court-imposed map before this court can even decide whether and under what circumstances such claims may be adjudicated", Clement told Roberts, who receives appeals from North Carolina. Donald Trump also carried the state. "However, the 2011 Pennsylvania Congressional districts map has been determined to be constitutional by both Federal and State judges, which serves to further strengthen my view that the plaintiffs should abandon their costly legal actions and allow the Legislature's examination of reforms to move forward." .
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Allison Riggs, lead trial attorney for the League of Women Voters of North Carolina, which is challenging the map along with Common Case in two separate cases that were consolidated, called the officials' request inappropriate.
At least one time, elections were held for maps ultimately deemed unconstitutional.
Gerry Cohen, a former legislative staffer who worked on redistricting plans from 1981 to 2011, echoed on Friday what he said a year ago after North Carolina's congressional maps were declared to have two unconstitutional gerrymanders. The primaries and candidate filing period was pushed back but the election, more or less, ran without any redistricting chaos. "Who knows what might happen".