REPUBLICAN NATIONAL COMMITTEE; North Carolina Republican Party, Plaintiffs-Appellees,
v.
NORTH CAROLINA STATE BOARD OF ELECTIONS; Karen Brinson Bell, in her official capacity as Executive Director of the North Carolina State Board of Elections; Alan Hirsch, in his official capacity as Chair of the North Carolina State Board of Elections; Jeff Carmon, in his official capacity as Secretary of the North Carolina State Board of Elections; Stacy Eggers, IV, in their official capacities as Members of the North Carolina State Board of Elections; KEVIN N. LEWIS, in their official capacities as Members of the North Carolina State Board of Elections; Siobhan O'Duffy Millen, in their official capacities as Members of the North Carolina State Board of Elections, Defendants-Appellants, and
Democratic National Committee, Intervenor/Defendant.
Jackson Sailor Jones; Bertha Leverette; North Carolina State Conference of the NAACP, Amici Supporting Appellant.
Republican National Committee; North Carolina Republican Party, Plaintiffs-Appellees,
v.
Democratic National Committee, Intervenor/Defendant-Appellant, and
North Carolina State Board of Elections; Karen Brinson Bell, in her official capacity as Executive Director of the North Carolina State Board of Elections; Alan Hirsch, in his official capacity as Chair of the North Carolina State Board of Elections; Jeff Carmon, in his official capacity as Secretary of the North Carolina State Board of Elections; Stacy Eggers, IV, in their official capacities as Members of the North Carolina State Board of Elections; Kevin N. Lewis, in their official capacities as Members of the North Carolina State Board of Elections; Siobhan O'Duffy Millen, in their official capacities as Members of the North Carolina State Board of Elections, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 28, 2024.
Decided: October 29, 2024.
Attorney(s) appearing for the Case
ARGUED: Sarah Gardner Boyce, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina; Seth Paul Waxman, WILMERHALE LLP, Washington, D.C., for Appellants. Phillip John Strach, NELSON MULLINS RILEY & SCARBOROUGH, LLP, Raleigh, North Carolina, for Appellees. ON BRIEF: Jim W. Phillips, Jr., Shana L. Fulton, Eric M. David, William A. Robertson, James W. Whalen, BROOKS, PIERCE, McLENDON HUMPHREY & LEONARD, LLP, Raleigh, North Carolina; Daniel S. Volchok, Christopher E. Babbitt, Gary M. Fox, Joseph M. Meyer, Jane E. Kessner, Nitisha Baronia, WILMER CUTLER PICKERING HALE & DORR LLP, Washington, D.C., for Appellant Democratic National Committee. Sripriya Narasimhan, Deputy General Counsel, Mary Carla Babb, Terence Steed, Special Deputy Attorney General, South A. Moore, Deputy General Counsel, Marc D. Brunton, General Counsel Fellow, NORTH CAROLINA DEPARTMENT OF JUSTICE, for Appellants North Carolina State Board of Elections; Karen Brinson Bell; Alan Hirsch; Jeff Carmon; Stacy Eggers, IV; Kevin Lewis; and Siobhan O'Duffy Millen. Jordan A. Koonts, NELSON MULLINS RILEY & SCARBOROUGH LLP, Raleigh, North Carolina, for Appellees. Jeffrey Loperfido, Hilary H. Klein, Christopher Shenton, SOUTHERN COALITION FOR SOCIAL JUSTICE, Durham, North Carolina; Ezra D. Rosenberg, Jennifer Nwachukwu, Pooja Chaudhuri, Alexander S. Davis, Javon Davis, LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW, Washington, D.C.; Lee Rubin, Palo Alto, California, Rachel J. Lamorte, Catherine Medvene, Washington, D.C., Jordan Hilton, Salt Lake City, Utah, Harsha Tolappa, MAYER BROWN LLP, Chicago, Illinois, for Amici North Carolina NAACP, Jackson Sailor Jones, and Bertha Leverette.
Reversed and remanded by published opinion. Judge Berner wrote the opinion, in which Chief Judge Diaz and Judge Gregory joined. Chief Judge Diaz wrote a concurring opinion.
BERNER, Circuit Judge:
This appeal concerns whether remand of a claim to state court was proper. The Republican National Committee ("RNC") and the North Carolina Republican Party ("NCGOP") (together, "Plaintiffs") filed two state law claims, one statutory and one constitutional, in a North Carolina superior court against the North Carolina State...
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