A federal judge may have provided a glimpse this week of how the court is leaning in a lawsuit that could change the way state House and Senate districts are drawn.
A group of Republicans asked the federal court to halt the 2008 elections as part of the lawsuit it brought against state elections officials in November, reports Titan Barksdale.
The lawsuit says the current district lines are unconstitutional because they were based on incorrect census data. As a result, several counties have been wrongly combined to form voting districts, the lawsuit says.
The court has not yet ruled on the merits of the suit, but a three-judge panel ruled in January that they would not halt the 2008 elections.
This week, Chief U.S. District Judge Robert Conrad Jr. issued an opinion related to the January ruling, saying that North Carolina would be significantly harmed if a group of Republicans were allowed to halt the 2008 elections.
The drawing of legislative district lines is done by the legislature every 10 years. The district lines being challenged were drawn in 2003 — three years after the 2000 census.
Under those circumstances, the redistricting process is presumptive, Conrad said in his opinion for the panel. And legislators —not the courts — can best determine what data to use, he added.
The inherently legislative nature of the redistricting function support granting of deference to the judgment of the General Assembly in deciding which data to use," Conrad said.