cover image: appealed to the North Carolina Supreme Court on Monday

20.500.12592/89thtk

appealed to the North Carolina Supreme Court on Monday

7 Dec 2021

Because the Superior Court’s decision involves matters of significant public interest and legal principles of major significance to the jurisprudence of the State, and because delay will cause substantial and irreparable harm, Petitioners respectfully request that the North Carolina Supreme Court certify Petitioners’ appeal for review prior to a determination by the Court of Appeals. [...] The General Assembly’s admitted and unprecedented disregard of this Court’s express direction as to the requirements of the state Constitution in drawing state legislative maps, and the Superior Court’s refusal to reach the merits of Petitioners’ claim for declaratory judgment or take the minimum, reasonable steps necessary to protect constitutional rights guaranteed to the state’s voters to allow. [...] E.2d 550 (2002) (26 February 2002 order of the Supreme Court of North Carolina suspending the Rules of Appellate Procedure and setting forth a briefing schedule for its direct review of the trial court’s 20 February 2002 order “given the extraordinary nature of this civil action, in the - 5 - exercise of this Court's supervisory authority under Article IV of the Constitution of North Carolina and. [...] Moreover, given the gross and obvious violations of Stephenson in the legislative process for redistricting, the fact that other redistricting cases are currently in front of the Court, and the pressing timeline due to the upcoming elections, this Court could, under its equitable authority, instruct the trial court to enter the preliminary injunction delaying the primaries and instruct the court t. [...] This Order made several erroneous conclusions of law: - 12 - First, Judge Shirley dismissed the action as moot, due to the adoption of final maps after the complaint was filed, and for lack of subject matter jurisdiction because he found that “judicial intervention in the legislative process in the manner contemplated and requested by plaintiffs in this case would violate the principle of separati.

Authors

Allison Riggs

Pages
320
Published in
United States of America

Tables

All