GOP lawmakers win an early battle in NC gerrymandering lawsuit
A federal judge Monday denied a request for a speedy trial by Black voters who are challenging North Carolina's new state Senate maps.
They argue that the maps are racial gerrymanders and are therefore unconstitutional. U.S. District Court Judge James Dever said there’s no need to expedite the case.
It's a win for Republicans. The longer the case is delayed, the more likely it is that the 2024 elections will be held under the new maps, which are expected to give GOP candidates a sizable advantage.
The challengers wanted the judge to schedule a hearing for this upcoming Wednesday on their motion to block the maps from being used before a trial could be held. And timing is key — candidate filing begins in early December. A hearing this week, they argued, would give Dever enough time to make a decision by Dec. 4, the day candidate filing begins. He called that suggestion meritless.
"Plaintiffs' request completely ignores that their case is not the only case on the court's docket and that plaintiffs do not set this court's schedule," wrote Dever, who was named to the court by former President George W. Bush, a Republican.
The arguments for or against a preliminary injunction to temporarily block the maps could still be held at some later date, Dever said, but he added that he would decide when to do that.
"Plaintiffs do not explain why they waited 26 days to file this action and 28 days to move for a preliminary injunction," he wrote. "In so waiting, plaintiffs belie their 'claim that there is an urgent need for speedy action to protect their rights' or that their entitlement to a preliminary injunction is clear."
Eddie Speas, a lawyer for the challengers, said they will continue fighting to block the maps. Unless overturned in court, the maps will be used in every legislative election through 2030.
"Black voters in northeastern North Carolina should not be forced to vote in even one more election under a Senate map that illegally dilutes their votes," Speas said.
The legislature approved the new maps in October, but the racial gerrymandering lawsuit wasn't filed until last week. That led Dever to question Monday why the challengers are asking for a speedy schedule.
"Plaintiffs do not explain why they waited 26 days to file this action and 28 days to move for a preliminary injunction," he wrote. "In so waiting, plaintiffs belie their 'claim that there is an urgent need for speedy action to protect their rights' or that their entitlement to a preliminary injunction is clear."
A spokesperson for Senate Republican leadership didn’t immediately respond to a request for comment.
The lawsuit is challenging only the maps to the new state Senate maps — not the new maps for the state House or for North Carolina's 14 U.S. House of Representatives seats.
No other lawsuit has been filed to challenge one or both of those other maps yet, although further litigation is expected.
