Tag Archives: US Supreme Court

Colorado Ruling Reverberations: Why Removing Trump From the Ballot Does and Doesn’t Matter



Happy Holidays! The Ellis Insight will be taking a break over the Christmas holiday. We’ll return with new Insights on Jan. 2, 2024.


By Jim Ellis — Friday, Dec. 22, 2023

President

Former President Donald Trump / Photo by Gage Skidmore

Colorado Republicans Pivot: Caucus Format Considered — A decision by The Colorado State Supreme Court Wednesday barred former President Donald Trump from the primary 2024 ballot because the justices maintained he violated the 14th Amendment by engaging in insurrection; this ruling predictably has ignited fierce responses.

The Trump campaign says they are immediately appealing the ruling to the US Supreme Court. Candidate Vivek Ramaswamy says he will withdraw from the Colorado ballot in protest and urges the other Republican presidential candidates to do the same. The Colorado Republican Party leadership is saying they may eschew the presidential primary and move to an internal party-run caucus format.

Since the political parties control their own nomination processes, the Colorado Republicans would have the authority to change from the primary format to a caucus. The party would then also slate its own candidates to compete for the presidential nomination. In the absence of a US Supreme Court ruling overturning the Colorado decision, changing to a caucus would likely be the party’s best option for giving Trump an opportunity to compete for Centennial State delegate votes.

Other state Supreme Courts, most notably Arizona and Minnesota, also have ruled on Trump’s ballot status and they arrived at the opposite conclusion to the Colorado high court, thus allowing him to compete in their state primaries. Even if the Colorado ruling stands and Trump is not on the state’s primary or general election ballot, it is unlikely to affect the presidential race outcome there. President Joe Biden is a lock to carry Colorado with or without Trump’s name on the ballot, so the national electoral vote count won’t change regardless of how the present controversy is ultimately resolved.

We could again see this issue arise in the general election. The states have the power to accept or reject the political party nominees for ballot placement, so it is conceivable the state Supreme Court could deny Trump ballot access in the general election along the same lines of reasoning present in their current decision.

Should the 14th Amendment controversy carry over to the general election, that would not do particular harm to the down-ballot Republicans, or even Trump for that matter. The former president is not going to win Colorado in the November election, so not appearing on the ballot here would have little effect on the national electoral vote count.

For the down-ballot Republicans not having to run with an unpopular Trump in their state, and with the former president’s voters likely incensed that he was barred from participating, the turnout pattern may actually improve for the Colorado Republican congressional, state Senate, and state House candidates if the former president were to be denied the ability to compete.

If other states were to follow Colorado’s lead, again absent a US Supreme Court ruling, it would likely only be in strong blue states, or those where Trump is clearly not going to win. Likewise, down ballot Republicans in those states may actually fare better, particularly in a place like California, then they would with Trump at the top of their ticket.

It is probable that the general election scenario described above, and very possibly even the primary situation, will not denigrate to the degree of a former president being denied ballot access because the US Supreme Court will likely face enough pressure to hear the Trump appeal and issue a ruling.

Since the former president was not charged with insurrection in any of his indictments and was even acquitted of such when it was part of the second impeachment proceeding, legal analysts believe that there is a better than even chance that the high court will rule in his favor and order the Trump name to appear on ballots across the nation.

Former Rep. Rogers Enters Michigan Senate Race; New Candidate Announces in Texas; Alabama Redistricting Map Struck Down; Primary Results in RI-1 and UT-2

By Jim Ellis — Friday, Sept. 8, 2023

Senate

Michigan: Ex-Rep. Rogers Enters Senate Race — As expected, via a strong video announcement, former US Rep. Mike Rogers (R), who served in Congress from 2001 to 2015 and rose to chair the House Intelligence Committee, officially declared his US Senate candidacy.

“No candidate is better prepared to have an impact on day one,” Rogers said in his video announcement. “I’m ready to serve again.”

The Rogers entry gives the Republicans a top-tier candidate in a state that has trended against the GOP in the last two elections. Polling suggests the favored Democratic candidate, US Rep. Elissa Slotkin (D-Lansing), who represents the same Michigan congressional district as did Rogers, would have only a small lead to start the campaign.

Former US Rep. Peter Meijer is also a potential Republican candidate, though the Rogers entry would make him a major underdog in a statewide primary. Meijer was elected to the House in 2020 but lost his bid for renomination in 2022. Rep. Slotkin faces state Board of Education President Pamela Pugh, actor Hill Harper, and former state Rep. Leslie Love in the Democratic primary. Both Rep. Slotkin and Rogers should be viewed as heavy favorites to win their respective partisan primaries.

Texas: New Dem Candidate Announces — Republicans in the Texas legislature have been coalescing in an attempt to strip Nueces County District Attorney Mark Gonzalez (D) from his office for failing to prosecute large numbers of criminals, following the lead of several big city DA’s such as those in San Francisco, New York, and Los Angeles.

Instead of dealing with a potential legislative battle, Gonzalez abruptly resigned his post and then declared his candidacy for the US Senate. He, however, must first face US Rep. Colin Allred (D-Dallas) and state Sen. Roland Gutierrez (D-San Antonio) in the Democratic primary before getting a chance to make a statement in opposing incumbent US Sen. Ted Cruz (R). In what the Democratic leadership was hoping would become an easy primary for their favored candidate, Rep. Allred, is now evolving into something quite the opposite.

House

Alabama Redistricting: Replacement Map Struck Down — Yesterday, a federal three-judge panel in Alabama struck down the legislature and governor’s new map enacted to comply with the US Supreme Court’s June ruling that ordered a redraw for racial considerations. The argument rested upon census numbers indicating that a second majority minority seat could be drawn in the state.

The legislature’s map increased the African American population in District 2 from 30 to 39 percent, but the three-judge panel ruled the new plan did not go far enough. The judicial panel also ordered a special master to draw a new map.

Alabama Attorney General Steve Marshall (R) stated immediately after the new ruling that the state will appeal the decision. Redistricting appeals automatically go to the US Supreme Court. Considering the time required for the appeal to be heard and ruled upon, there is some chance that a new map will not be in place until after the 2024 election.

RI-1: Ex-White House Aide Wins Special Dem Primary — The long-awaited special primary election to replace resigned Rep. David Cicilline (D) was conducted Tuesday, and former Biden and Obama Administration official Gabe Amo clinched the crowded Democratic primary with a 32-25-14 percent victory over former state Rep. Aaron Regunberg and state Sen. Sandra Cano (D-Pawtucket). The remaining nine candidates, including Lt. Gov. Sabina Matos, failed to even reach the 10 percent threshold.

Amo will be a lock to defeat the Republican winner, military veteran Gerry Leonard Jr. in the Nov. 7 special general election and upon election will be the first person of color to represent Rhode Island in Congress.

UT-2: Party-Endorsed Candidate Claims GOP Nomination in Special Primary — In Utah’s 2nd District, where Rep. Chris Stewart (R-Farmington) will resign his seat on Sept. 15 due to family considerations, polling suggested that former state Rep. Becky Edwards had a significant lead in a three-way contest, and early vote counting seemed to confirm this prediction.

As counting progressed, however, Republican district convention winner Celeste Maloy chipped away at Edwards’ metro-area lead once the rural counties tallies began mounting. She then won a tight, but still unofficial, Republican primary special election. In third place, also relatively close, is former Republican National Committeeman Bruce Hough.

Assuming this election is certified, and the 1,400-plus vote margin is likely enough to withstand a recount should Edwards move to have one conducted, Maloy will advance to the special general election where she will face state Sen. Kathleen Riebe (D-Cottonwood Heights). Riebe was unopposed in last night’s Democratic primary.

Now, the partisans will turn their attention to the special general election scheduled for Nov. 21. The FiveThirtyEight data organization rates the UT-2 seat as R+23, and former President Donald Trump defeated President Joe Biden here, 57-39 percent. Last November, Rep. Stewart was re-elected with a 60-34 percent vote spread. Therefore, Maloy begins the special general cycle as a heavy favorite to carry the day for the GOP.

The 14th Amendment Controversy

Former President Donald Trump / Photo by Gage Skidmore

By Jim Ellis — Thursday, Sept. 7, 2023

President

Trump: Insurrection or Rebellion? — There is a great deal of discussion mounting about whether a key provision of the 14th Amendment to the US Constitution will disqualify former President Donald Trump from the 2024 presidential election ballot.

Recently, two US senators, Tim Kaine (D-VA) and Mike Lee (R-UT), assumed opposite debate positions. The phrase “have engaged in insurrection or rebellion” is at the crux of the argument. Sen. Kaine believes Trump engaged in insurrection with regard to his actions surrounding the January 6th Capitol incursion and should be disqualified from running for office. Many legal scholars agree.

Conversely, Sen. Lee objects, citing that the US Senate found then-President Trump not guilty of insurrection in the second impeachment vote. Therefore, he says, the “rebellion or insurrection” phrase does not apply. Many legal scholars agree.

Sen. Kaine, during a CNN interview, argued that “the language (of the amendment) is specific: If you give aid and comfort to those who engage in an insurrection against the Constitution of the United States — it doesn’t say against the United States, it says against the Constitution. In my view, the attack on the Capitol that day was designed for a particular purpose … and that was to disrupt the peaceful transfer of power as is laid out in the Constitution.”

In an interview with Utah’s Deseret News, Sen. Lee indicated he agrees with the arguments put forth from University of California at Berkeley professor John Yoo and others who published a paper pertaining to this subject.

Professor Yoo and the others penned in part, “if it were clear that Trump engaged in insurrection, the Justice Department should have acted on the January 6 Committee’s referral for prosecution on that charge. Special Counsel Jack Smith should have indicted him for insurrection or seditious conspiracy, which remain federal crimes. If it were obvious that Trump had committed insurrection, Congress should have convicted him in the two weeks between January 6 and Inauguration Day. Instead, the House impeached Trump for indictment to insurrection but the Senate acquitted him.”

Obviously, there are strong opinions on both sides of this argument and, as Sen. Kaine said, the courts, and most likely the US Supreme Court, will ultimately have to make a ruling.

The larger question, however, that no one is yet addressing, is when all of this will happen. If, for example, Trump is convicted in the Washington, DC trial regarding his January 6th actions, the 14th Amendment move to disqualify him could be triggered. Should this scenario unfold, perhaps the most important point would be whether the timing is before or after the Republican National Convention now scheduled for July 15-18, 2024.

If Trump’s name is stricken from the ballot, and that will likely become a state by state issue, then the Republicans will have to nominate a new candidate, assuming that Trump has accumulated enough delegates to clinch the nomination. Currently, the latter observation appears highly likely.

If the disqualification move comes before the RNC meets, the delegates could then nominate a new candidate in an open convention. After Trump becomes the official party nominee, then a whole new set of circumstances will occur, most of which will be subject to conjecture.

Will the vice presidential nominee automatically assume the top ballot positions? Would the RNC instead be called into a special convention to nominate another candidate? Would every state recognize the RNC action, regardless of the course the national political party chooses?

Should the 14th Amendment scenario not be solved before the convention convenes, it is probable the delegates would pass binding resolutions to cover a succession protocol in case what currently exists in the party bylaws is not wholly clear or does not fully apply to the current situation. In any event, political and legal chaos would undoubtedly ensue.

Consider the situation already coming to the forefront in Arizona. Democratic Secretary of State Adrian Fontes says his state’s Supreme Court has already answered the 14th Amendment issue. Fontes says, though he disagrees with the court’s ruling, that the Arizona Supreme Court has dictated Congress would have to specifically designate that Trump, or any other candidate, is to be disqualified from the ballot as it relates to the 14th Amendment insurrection or rebellion language. Otherwise, the candidate in question would be placed on the Arizona ballot.

It is very likely we will see other states invoking some exception or quirk in their own election law that would either place Trump on their ballot or disqualify him. Therefore, the 2024 election participants would then be forced to traverse another set of controversial circumstances that will clearly affect the outcome of the still unfolding campaign.

Trump, Biden Ahead by Wide Margins in New Poll; Navy SEAL Declares in Montana; Redistricting News from Alabama, North Carolina

New Hampshire GOP presidential poll results / WMUR TV graphic

By Jim Ellis — Thursday, June 29, 2023

President

New Hampshire Poll: St. Anselm College Releases Regular Poll — The New Hampshire Institute of Politics of St. Anselm College published their latest regular survey of Granite State voters (June 21-23; 1,065 registered New Hampshire voters; live interview) and sees former President Donald Trump gaining strength in the Republican primary while principal challenger Gov. Ron DeSantis is losing support. The partisan primary numbers find Trump leading Florida Gov. DeSantis, 47-19 percent with no other candidate exceeding six percent support.

On the Democratic side, President Joe Biden dominates Robert F. Kennedy Jr. and author Marianne Williamson, 69-9-8 percent. These numbers exceed how the president is performing nationally. Since the state is unlikely to agree to moving their primary to comply with the new Democratic National Committee calendar, these numbers suggest that Biden could win a write-in campaign against his two intra-party challengers even if he doesn’t enter the official Democratic primary.

In hypothetical general election pairings, President Biden would lead both former President Trump and Gov. DeSantis with the same 49-40 percent spread. This data suggests there is less chance that New Hampshire will become a major general election Republican conversion target.

Senate

Montana: Retired Navy SEAL Declares Candidacy with NRSC Endorsement — Retired Navy SEAL and aerospace company CEO Tim Sheehy (R) announced his US Senate candidacy Tuesday. Immediately, the National Republican Senatorial Committee, with its chairman being Montana’s junior Sen. Steve Daines, endorsed Sheehy’s candidacy. The Montana Senate race is expected to be one of the hottest campaigns in the country as Republicans attempt to deny incumbent Sen. Jon Tester (D) a fourth term.

Rep. Matt Rosendale (R-Glendive), who is also expected to join the race, responded with a Tweet saying, “congratulations to Mitch McConnell and the party bosses on getting their chosen candidate. Now Washington has two candidates – Tim Sheehy and Jon Tester – who will protect the DC cartel.” Early polling shows Rep. Rosendale beginning the race with a substantial lead, so we can expect both a hot general election campaign, and an equally tough Republican nomination contest next year in Big Sky Country.

House

Alabama: Governor Calls Special Redistricting Session — To comply with the US Supreme Court ruling on the Alabama racial gerrymandering case that went against the state, Gov. Kay Ivey (R) said that she will call a special redistricting session for the purposes of drawing a new map to comply with the decision. The legislature will report on July 17 to begin the process.

Since Alabama is a Super Tuesday state and is holding its regular primary on March 5, time is short to draw a new map and obtain the necessary judicial approvals. The ruling and new map is expected to give the Democrats an extra seat in the Alabama US House delegation that currently stands at 6R-1D.

SCOTUS: North Carolina Case Ruling — In an unsurprising 6-3 ruling, the US Supreme Court ruled against the state of North Carolina on the subject of redistricting. Legal analyst Derek Muller of the Election Law Blog describes the crux of the state’s argument as saying, “the state constitution or state judiciary cannot constrain the state legislature exercising power under the Elections Clause.” Predictably, the justices ruled that the judiciary does have the authority to involve itself in redistricting decisions but underscored that the Supreme Court has the power to restrain lower courts from taking too much power away from the legislative bodies.

Largely because the North Carolina state Supreme Court has already reconsidered its previous partisan gerrymandering decision, the high court confined itself to the judicial power question.

Sen. Scott Shows Movement; Biden vs. GOP Candidates; Tight Race in Michigan; Alabama Redistricting

By Jim Ellis — Tuesday, June 20, 2023

President

South Carolina Sen. Tim Scott (R)

Sen. Tim Scott: Showing Movement — Last week we saw New Hampshire polls found Sen. Tim Scott (R-SC) moving into either third place on the GOP ballot test question, or tying for that same position. Now, we see a new national poll showing similar upward mobility for the South Carolina senator.

YouGov America, polling for the University of Massachusetts (May 31-June 8; 1,133 US adults; online), finds former President Donald Trump again leading among national Republicans with a 56 percent preference figure while Florida Gov. Ron DeSantis trails with 26 percent support. Sen. Scott, though posting only four percent, moves past the other second tier candidates for third place.

The general election pairings also show him highly competitive with President Joe Biden. While Biden leads former President Donald Trump 43-40 percent in the national popular vote question and posts a 41-37 percent margin against Gov. DeSantis, Sen. Scott falls into the same realm. Despite not being well known nationally, he actually polls the best against the president, trailing only 37-35 percent.

Michigan Poll: Highly Competitive Results — The new EPIC-MRA Michigan poll (June 8-14; 60 likely Michigan voters; live interview) again reveals a familiar pattern. That is, President Biden’s job approval rating is extremely low, yet he pulls even in the ballot test with both former President Trump and Florida Gov. Ron DeSantis. The polling sample tilts slightly Republican because the black vote is under-represented by three points when compared to the US Census Michigan population figures.

While President Biden’s job approval ratio is a terrible 29:69 percent favorable to unfavorable (nine percent excellent; 20 percent pretty good; 25 percent just fair; 44 percent poor), he still pulls even with Trump in the Michigan ballot test at 44 percent apiece. When paired with Gov. DeSantis, the president trails by one point, 45-44 percent.

The EPIC poll obviously suggests that Michigan will be a battleground state in the presidential race, but most analysts are projecting it will remain in the Democratic column when the votes are ultimately counted.

Senate

Michigan: Poll Shows Tight Race — The aforementioned EPIC-MRA Michigan poll (see Michigan president above) also tested the impending open Wolverine State US Senate race. The pollsters pitted Rep. Elissa Slotkin (D-Lansing), the early favorite for the Democratic nomination, and retired Detroit Police Chief James Craig, potentially the most well known Republican. The ballot test revealed a tighter contest than expected with Rep. Slotkin holding only a 40-39 percent edge over retired Chief Craig. Both figures contain eight percent in the “lean” category for both Rep. Slotkin and Craig.

The Michigan race will likely move closer to the Democratic column as the year-long campaign evolves. There is a slight Republican skew in this polling sample as blacks are slightly under-represented. Both Rep. Slotkin and Craig are unknown to the majority of the respondent universe indicating that each will have to spend money to increase name identification. The seat is open because four-term incumbent Sen. Debbie Stabenow (D) is retiring.

House

Alabama Redistricting: Court Determines Re-Mapping Calendar — After last week’s US Supreme Court’s ruling that invalidated the Alabama congressional map, the federal three judge panel assuming jurisdiction has sent the map back to the state legislature to begin the re-drawing process. SCOTUS agreed with the plaintiffs in the case that a second majority minority district can be drawn in the state. The current map yields a 6R-1D split.

The court is giving the legislature until July 21 to produce a new map for judicial review. If the legislature cannot complete the plan within that time frame, the court may step in and order a special master to manage the map drawing process.

SCOTUS will also rule on the North Carolina partisan gerrymandering and judicial power lawsuit before the end of June. That ruling could have an effect upon the Alabama case as it relates to judicial control over the redistricting process. Therefore, the situation could again change once the North Carolina ruling is made public.

RFK Jr. Moves Closer to Presidential Run; Gillibrand’s Ploy re: Cuomo; House Challengers; Pa. Replay?

By Jim Ellis — Wednesday, March 15, 2023

President

Robert F. Kennedy Jr.

Robert F. Kennedy Jr.: Files Presidential Committee — There has been much speculation that Robert F. Kennedy Jr. will soon join the Democratic presidential campaign as an opponent to President Biden. Over the weekend, he took a definitive step toward becoming a candidate when officially filing a presidential exploratory committee with the Federal Election Commission. This is typically the first step most individuals take before they formally enter a race.

Kennedy, much more conservative than the typical Democratic voter, is not expected to be a major obstacle for President Biden to overcome as the incumbent prepares to seek renomination.

Senate

New York: Sen. Gillibrand’s Fundraising Ploy — The Politics1 organization and other political media sites are running with a story saying that New York Sen. Kirsten Gillibrand is telling donors that she is concerned ex-Gov. Andrew Cuomo may challenge her in next year’s Democratic primary. She sites the fact that he has $9 million remaining in his gubernatorial campaign account, which is $4 million more than she reported on her year-end Federal Election Commission financial disclosure.

Sen. Gillibrand’s play in making these statements is largely a fundraising ploy to encourage liberal donors to support her campaign.

Even if Cuomo, who was forced to resign the governorship in 2021, challenged her, he would immediately begin as an underdog. Secondly, though he still may have approximately $9 million in his state campaign account, a combination of complicated state and federal election laws may not allow a full transfer of those funds into a US Senate campaign. Therefore, the idea of a Cuomo Senate challenge, at least at this time, should largely be discounted.

Pennsylvania: Here They Go Again — A new Public Policy Polling survey (March 9-10; 616 likely Pennsylvania Republican primary voters) finds state Sen. Doug Mastriano (R-Chambersburg), the 2022 Republican gubernatorial nominee who proved non-competitive in the general election, again leading in a statewide Republican primary.

In a hypothetical US Senate nomination contest, PPP finds Sen. Mastriano topping 2022 candidate and former hedge fund CEO David McCormick and 2022 Senate candidate Kathy Barnette, 39-21-11 percent. If the race was a two-way between Mastriano and McCormick, the former would lead 42-28 percent. Should these numbers hold, such a primary result would again nullify any realistic chance Republicans have of upsetting Sen. Bob Casey Jr. (D) in November.

House

FL-25: Retired General Announces Against Rep. Wasserman Schultz — Weston City Commissioner Chris Eddy (R), a retired Air Force general and former FBI analyst, announced his candidacy for the Republican nomination with the hope of facing Rep. Debbie Wasserman Schultz (D-Weston) in the general election. He first must get past 2022 nominee Carla Spalding, however.

The 25th District is reliably Democratic – FiveThirtyEight rates the seat D+18; Dave’s Redistricting App calculates the partisan lean at 62.0D – 36.8R – which means the chances of scoring an upset here are slim. Still, Rep. Wasserman Schultz showed some weakness in the 2022 election against Spalding, winning only a 55-45 percent victory, which proved the closest of her 10 career congressional elections.

SC-1: Rep. Mace Challenger Emerges — Museum founder Michael Moore (D), a relative of Civil War figure Robert Smalls, announced that he will enter the Democratic primary to challenge two-term Rep. Nancy Mace (R-Charleston).

There is a great deal of uncertainty surrounding this race because earlier this year a South Carolina three-judge federal panel declared the 1st District an unconstitutional racial gerrymander district. This means, unless the SC ruling becomes moot when the US Supreme Court decides the related Alabama racial gerrymandering case, the district will be re-drawn.

A new version under the South Carolina judicial directive should make this seat more Democratic, but a considerable amount of time will likely elapse if and before the seat is reconfigured. Therefore, it is difficult to draw any current conclusions about the 2024 SC-1 campaign.

North Carolina Redistricting Again Front and Center: A Deeper Dive

North Carolina Congressional District Plan Court-Ordered in 2022, used for the 2022 election (click on map to go to the state’s interactive map)


By Jim Ellis — Friday, Dec. 9, 2022

Redistricting

North Carolina: Redistricting Under Scrutiny — During the past decade, no state has been forced to draw more redistricting maps than the Tar Heel State of North Carolina. Since the 2010 census, the Republican legislature and the Democratic state Supreme Court have gone back and forth over what is a partisan gerrymander or a legal district.

The North Carolina partisan gerrymandering case was heard before the US Supreme Court on Wednesday, and it is a potential landmark case — but some North Carolina state political sources suggest the arguments may go by the proverbial wayside. The high court will rule before the end of June, but before such a decision is rendered the new North Carolina legislature may draft updated redistricting plans for the US House, state Senate, and state House of Representatives. Since the current set of court maps are only interim plans, the legislature can replace them with permanent draws at any time. 

One of the Republicans’ more important victories in the November election was winning a majority on the North Carolina state Supreme Court. Now, with five Republican justices and two Democrats, many in the legislature believe the time will be right to craft new redistricting maps, plans they believe will this time pass legal muster through a different and more favorable state Supreme Court. 

If this occurs as described, and new maps are enacted – remember, in North Carolina, the governor has no veto power over redistricting legislation – it is possible that the action could render as moot the case before SCOTUS. If so, the issue of whether the Constitution views state legislatures as solely independent when handling redistricting could well go unanswered.

The North Carolina state Supreme Court rejected the Republican legislature’s plan again last year. Under that draw, which the court deemed a partisan gerrymander, the Republicans could have won 10 of the state’s 14 congressional districts. North Carolina was one of the states that earned a new seat in national reapportionment. Therefore, a 10-4 split would have meant a net gain of three Republican seats when compared to the previous court map upon which the 13-member NC congressional delegation had last run.

Instead, under the state Supreme Court’s draw, the new Tar Heel State delegation features seven Democrats and seven Republicans. The map awarded the new 14th District to the Charlotte area as a safe D+11 seat according to the FiveThirtyEight data organization calculation. State Sen. Jeff Jackson (D-Charlotte), who was originally a 2022 candidate for the US Senate, won the new district with an easy 58-42 percent victory.

The other seat to go Democratic was the created open 13th CD, located in the south Raleigh suburbs that stretched to include the Democratic city of Fayetteville. The court balanced the district by adding Republican Johnston County. FiveThirtyEight rated this seat R+3, but Democratic state Sen. Wiley Nickel (D-Raleigh) defeated Republican Bo Hines by a 51.6 – 48.4 percent margin.

The other major affected area that changed between the original Republican map and the state Supreme Court’s draw was the Greensboro-anchored seat of Rep. Kathy Manning (D-Greensboro). Under the Republican plan, this district would have favored a Republican candidate, and Rep. Manning would have had a difficult run for re-election. The Court altered this seat, too, thus giving Rep. Manning an even better district than the one to which she was originally elected — a 6th District seat now rated as D+9.

If the congressional map is in fact re-drawn early in the new state legislative session, we can expect these geographic areas again to be the most affected. If the Republican legislative leaders make a move to finalize permanent redistricting maps, then it might be some time before the issue of independent state legislatures relating to redistricting again comes before the high court. 

Or, if SCOTUS still issues a ruling on the North Carolina case irrespective as to what the legislature does, it could force even further changes in what may again be a new Tar Heel State congressional map.