From The Fayetteville Observer/TNS
It’s been more than four years and two state elections since the latest North Carolina voting districts were created.
But they are still under a cloud of legal challenges that have already found their way to the U.S. Supreme Court once and probably will land there again.
The question is not whether the Republican majority in the General Assembly gerrymandered the districts to gain political advantage. Of course they did, and that’s legal and constitutional. What’s at issue here is whether legislative mapmakers went beyond politics and used race to design districts that also give them an advantage — which is neither legal nor constitutional.
The N.C. Supreme Court ruled last year that the redistricting was legal in all ways and that the new districts could stand. But the decision — in which former state Sen. Margaret Dickson of Fayetteville is the lead plaintiff — was appealed to the U.S. Supreme Court. In April, that court tossed the case back to the N.C. Supreme Court, saying it must reconsider whether lawmakers relied too heavily on race.
The redistricting did create some bizarre-shaped districts, especially those created to insure success for African-American candidates. But it’s still uncertain if those districts were created by a legally unacceptable process.
The state Supreme Court held its second review of the case on Monday, and justices seemed perplexed by what they saw as sharply differing precedents in federal court decisions, seeking explanations from lawyers for both sides.
No matter how the state justices rule, another appeal to the U.S. Supreme Court is seen as inevitable by both sides. The N.C. justices didn’t say Monday how quickly they would rule. We hope a decision will come before campaigning begins in earnest for 2016 state and federal elections.
We’d also like to see this as a final chapter in a saga that plays out almost like clockwork after every decade’s exercise in redistricting. It’s a frustrating, time-and-money-wasting ritual that undermines voters’ confidence in their electoral system. At various times in the past, both Democrats and Republicans have united around plans to create a nonpartisan legislative redistricting commission. Such a measure has bipartisan support in the N.C. House today, but not in the Senate.
It’s time to stop this endless cycle of protests, lawsuits, special legislative sessions and delayed elections. Let’s turn redistricting over to an impartial panel and make the voter, not political power, the most important principle.