HARPER v. HALL

No. 413PA21-2.

886 S.E.2d 393 (2023)

Rebecca HARPER; Amy Clare Oseroff; Donald Rumph; John Anthony Balla; Richard R. Crews; Lily Nicole Quick; Gettys Cohen, Jr.; Shawn Rush; Jackson Thomas Dunn, Jr.; Mark S. Peters; Kathleen Barnes; Virginia Walters Brien; David Dwight Brown v. Representative Destin HALL, in his official capacity as Chair of the House Standing Committee on Redistricting; Senator Warren Daniel, in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Senator Ralph Hise, in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Senator Paul Newton, in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Speaker of the North Carolina House of Representatives Timothy K. Moore; President Pro Tempore of the North Carolina Senate Philip E. Berger; the North Carolina State Board of Elections; and Damon Circosta, in his official capacity North Carolina League of Conservation Voters, Inc.; Henry M. Michaux, Jr.; Dandrielle Lewis; Timothy Chartier; Talia Fernós; Katherine Newhall; R. Jason Parsley; Edna Scott; Roberta Scott; Yvette Roberts; Jereann King Johnson; Reverend Reginald Wells; Yarbrough Williams, Jr.; Reverend Deloris L. Jerman; Viola Ryals Figueroa; and Cosmos George v. Representative Destin Hall, in his official capacity as Chair of the House Standing Committee on Redistricting; Senator Warren Daniel, in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Senator Ralph E. Hise, Jr., in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Senator Paul Newton, in his official capacity as Co-Chair of the Senate Standing Committee on Redistricting and Elections; Representative Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; Senator Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; the State of North Carolina; the North Carolina State Board of Elections; Damon Circosta, in his official capacity as Chairman of the North Carolina State Board of Elections; Stella Anderson, in her official capacity as Secretary of the North Carolina State Board of Elections; Jeff Carmon III, in his official capacity as Member of the North Carolina State Board of Elections; Stacy Eggers IV, in his official capacity as Member of the North Carolina State Board of Elections; Tommy Tucker, in his official capacity as Member of the North Carolina State Board of Elections; and Karen Brinson Bell, in her official capacity as Executive Director of the North Carolina State Board of Elections.

Supreme Court of North Carolina.

Filed April 28, 2023.


Attorney(s) appearing for the Case

Patterson Harkavy LLP, by Burton Craige , Raleigh, Narendra K. Ghosh , and Paul E. Smith , Chapel Hill; Elias Law Group LLP, by Lalitha D. Madduri , Jacob D. Shelly , and Abha Khanna ; and Arnold and Porter Kaye Scholer LLP, by Elisabeth S. Theodore , R. Stanton Jones , and Samuel F. Callahan , for Harper Plaintiffs.

Robinson, Bradshaw & Hinson, P.A., by John R. Wester , Adam K. Doerr , Charlotte, Stephen D. Feldman , Raleigh, and Erik R. Zimmerman , Chapel Hill; and Jenner & Block LLP, by Sam Hirsch , pro hac vice, and Jessica Ring Amunson , pro hac vice, for Plaintiff North Carolina League of Conservation Voters.

Southern Coalition for Social Justice, by Hilary H. Klein , Mitchell Brown , Katelin Kaiser , Jeffrey Loperfido , and Noor Taj ; and Hogan Lovells US LLP, by J. Tom Boer , pro hac vice, and Olivia T. Molodanof , pro hac vice, for Plaintiff Common Cause.

Nelson Mullins Riley & Scarborough LLP, by Phillip J. Strach , Thomas A. Farr , John E. Branch, III , Raleigh, D. Martin Warf , Nathaniel J. Pencook , and Alyssa M. Riggins , Raleigh; and Baker Hostetler LLP, by Mark E. Braden , pro hac vice, Katherine McKnight , pro hac vice, and Richard Raile , pro hac vice, for Legislative Defendants.

North Carolina Department of Justice, by Amar Majmundar , Senior Deputy Attorney General, Terence Steed , Special Deputy Attorney General, Mary Carla Babb , Special Deputy Attorney General, and Stephanie Brennan , Special Deputy Attorney General, for State Defendants.


"A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty." N.C. Const. art. I, § 35. Since our founding in 1776 almost 250 years ago, this provision in our state constitution has reminded us of the critical importance of remembering fundamental principles. This case...

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