Raleigh Wake Citizens Assoc v. Wake County Board of Elections

With respect, I dissent from the majority’s holding that the district court erred in rejecting Plaintiffs’ equal protection challenge to twin presumptively constitutional redistricting plans. Plaintiffs’ one person, one vote claim rests on their contention that improper “partisanship” rendered the challenged redistricting plans unconstitutional, even though those plans have population deviations of less than 10%1 If such a claim is justiciable, and it is not clear that it is, the showing necessary to prove such a claim is extremely demanding. The Supreme Court explained only a few weeks ago…