Cite as: 600 U. S. ____ (2023)
3
THOMAS, J., dissenting
conducting elections in accord with the Act.1 They based
their claim for relief on the North Carolina Constitution,
which they argued prohibits excessive partisan gerrymanders.
Petitioners, state legislators representing North Carolina’s interest in the enforcement of the Act, see N. C. Gen.
Stat. Ann. §1–72.2 (2021); Berger v. North Carolina State
Conference of the NAACP, 597 U. S. ___, ___, ___–___ (2022)
(slip op., at 2, 8–9), raised defenses under both state and
federal law. As relevant here, they argued: (1) that
partisan-gerrymandering claims are not justiciable under
the North Carolina Constitution; and (2) that the State
Constitution cannot restrict the General Assembly’s congressional districting legislation under the federal Elections Clause, U. S. Const., Art. I, §4, cl. 1.
Initially, a three-judge trial court endorsed petitioners’
state-law defense and entered a final judgment dismissing
plaintiffs-respondents’ claims with prejudice. But, on appeal, the North Carolina Supreme Court reversed that
judgment. See Harper v. Hall, 380 N. C. 317, 868 S. E. 2d
499 (2022) (Harper I). In Harper I, the court held that the
2021 Act violated the State Constitution, enjoined its implementation, and remanded the case to the trial court for
remedial proceedings. In doing so, Harper I rejected both
petitioners’ state-law justiciability defense and their federal Elections Clause defense.
Petitioners then sought this Court’s review of Harper I
insofar as it rejected their federal defense. From the start,
they faced a significant jurisdictional question. Our appel——————
1 Technically, there were two state-court actions below. These actions
have been consolidated at every stage and can be regarded as one action
for all relevant purposes. For simplicity, I will use the singular. Also for
simplicity, I focus here on plaintiffs-respondents’ challenge to the 2021
congressional districting map, putting aside their parallel challenges to
the Assembly’s 2021 State House and State Senate maps.
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