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We the People

Can Courts End Partisan Gerrymandering?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

šŸ—“ļø 23 March 2023

ā±ļø 58 minutes

šŸ§¾ļø Download transcript

Summary

Last week, the North Carolina Supreme Court agreed to re-hear a case that found the state’s redistricting maps unconstitutional under the state’s constitution. The outcome of this decision could affect another case already before the U.S. Supreme Court, Moore v. Harper—a challenge to a decision striking down North Carolina’s redistricting that involves the ā€œindependent state legislatureā€ doctrine. Why did the North Carolina Supreme Court strike down the maps in the first place, and why is it revisiting that decision now? Will the U.S. Supreme Court still decide the Moore case and rule on the independent state legislature theory? And what standards should be used to decide whether redistricting maps are politically gerrymandered? To discuss these questions and address the latest developments in these crucial gerrymandering cases, Misha Tseytlin of the law firm Troutman Pepper and Guy-Uriel Charles of Harvard Law School join host Jeffrey Rosen. Ā ResourcesĀ Ā  Moore v. Harper, (oral argument: video via C-SPAN; transcript) Amicus Brief by Misha Tsyetlin filed on behalf group of New York Voters, Moore v. HarperĀ  Amicus Brief by Misha Tsyetlin filed on behalf of members of Congress from the North Carolina delegation, Rucho v. Common CauseĀ  Amicus Brief by Guy-Uriel Charles and Deepak Gupta on behalf of Mathematicians, Students and Professors, Rucho v. Common Cause Gill v. Whitford (2018) Rucho v. Common Cause (2019)Ā  Questions or comments about the show? Email us at podcast@constitutioncenter.org.Ā  Ā  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.Ā  Ā  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.Ā  Ā  You can find transcripts for each episode on the podcast pages in ourĀ Media Library.

Transcript

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0:00.0

Last week the North Carolina Supreme Court agreed to rehear a case that struck down the state's redistricting maps under the state constitution.

0:08.0

The outcome of the decision could affect another case already in front of the US Supreme Court more versus Harper.

0:14.1

That's the challenge to a decision striking down North Carolina's redistricting maps that

0:18.3

involves the independent state legislature doctrine.

0:21.8

Why did the North Carolina Supreme Court strike down the maps in the first place and why is it

0:25.4

revisiting that decision now?

0:27.5

Will the U.S. Supreme Court still decide the Moore case and rule on the independent state

0:31.5

legislature doctrine?

0:33.7

And what standards should be used to decide whether redistricting maps are politically

0:38.6

gerrymandered?

0:39.6

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution

0:46.1

Center and welcome to We The People, a weekly show of constitutional debate.

0:50.3

The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.

0:59.0

To help us understand the latest developments in these important gerrymandering cases.

1:04.0

We're joined by two of America's leading election scholars.

1:08.0

Meisha Zaitlin is a partner at the law firm Trotman Pepper.

1:12.0

He argued in one the 2018 partisan gerrymandering case,

1:15.8

Gill versus Whitford, before the US Supreme Court.

1:18.4

And he filed a friend of the court brief

1:20.5

in Moore versus Harper, as well as another major gerrymandering case,

1:24.5

Rucho versus Common Cause.

1:26.5

Meecha, it's wonderful to welcome you to We The People.

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