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For the North Carolina Supreme Court, it isn't the case that the legislature was inherently unable to act but the margins of proposed amendments were such as to suggest the proposals may not have passed but for legislators representing unconstitutionally gerrymandered districts.

4:03 PM · Aug 19, 2022

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This is the basic takeaway.

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Here's tl;dr from the NC Supreme Court. There's no unquestioned authority of a racially gerrymandered legislature to amend the NC Const. Margins matter. If a substantial number of legislators representing unconstitutional districts were dispositive, exacting review triggered.

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Here's my basic thoughts on what the NC Supreme Court did here. Super protective but fairly narrow application.

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Pro-Science Establishment Dem

The NC Supreme Court gave a sensible and constrained test, recognizing the legislature's need to do business (including proposing constitutional amendments) but making clear they don't have unfettered power to remake rules in their favor when they're unconstitutionally elected.

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Based on NC constitution Odds on getting reheared / overturned after Ds lose the majority on the court?

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and

100% The only question is if that will be before of after the election. The legislature can impeach Supreme Court judges and suspend their tenure until the impeachment is decided.

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So are they saying the legislature does have authority as long as they vote the right way?

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