North Carolina Supreme Court: general assembly has no right to propose amendments since assembly is racially gerrymandered

[SaysWho?]

 

NC Supreme Court says lawmakers voted into office through gerrymandered districts may have limited authority in amending state constitution :: WRAL.com

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The North Carolina Supreme Court on Friday decided to send a case back to a lower court to consider further to what extent state lawmakers who were voted into office as a result of unlawful voting maps should be able to initiate a process to amend the state's constitution.

 

According to the majority opinion, written by Associate Justice Anita Earls, lawmakers who won their seats through unconstitutional racial gerrymandering cannot then submit constitutional amendments that would permanently disadvantage the same groups discriminated against in the racial gerrymandering process.  

 

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n a 4-3 ruling, the high court’s Democratic majority advised the lower court to consider three factors when reviewing the case again, including where there is a substantial risk that the challenged amendment would “immunize legislators from democratic accountability, perpetuate the ongoing exclusion of a category of voters from the political process or intentionally discriminate against a particular category of citizens were also racially discriminate against in the political process leading to the legislators’ election.”

 

If any of the three conditions are met, the Supreme Court said the lower court must invalidate the challenged amendments

 

[Guest]

This is pretty interesting ruling given that the amendments had pretty wide popular support once they were on the ballot

[Anathema-]

3 minutes ago, sblfilms said:

This is pretty interesting ruling given that the amendments had pretty wide popular support once they were on the ballot

 

That's hardball for you.

[Jwheel86]

Based.