Memo from Berrien and Cox to Counsel Re: NC Congressional Redistricting Case Decision and Order and Permanent Injunction
Correspondence
April 3, 1998

3 pages
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Case Files, Cromartie Hardbacks. Memo from Berrien and Cox to Counsel Re: NC Congressional Redistricting Case Decision and Order and Permanent Injunction, 1998. 7d225703-dd0e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9dee624d-84d3-4459-add3-30f7b9798368/memo-from-berrien-and-cox-to-counsel-re-nc-congressional-redistricting-case-decision-and-order-and-permanent-injunction. Accessed July 30, 2025.
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EDF MEMORANDUM TO: Elaine Jones, Ted Shaw, Norman Chachkin and Victor Bolden FROM: Jackie Berrienland Todd Cox RE: North Carolina Congressional Redistricting Case Decision DATE: April 3, 1998 As you may recall, after the Supreme Court’s 1996 decision in Shaw v. Hunt invalidated North Carolina’s Twelfth Congressional District (represented by Congressman Mel Watt), the North Carolina Legislature adopted a new congressional plan ("the 1997 plan"). A group of white voters, represented by the same attorney who filed the Shaw case, challenged the First and Twelfth congressional districts of the 1997 plan in Cromartie v. Hunt, Civil No. 4:96CV104- BO(3). The 1997 plan was drawn using data from past elections, with the goal of preserving a balance of six Republican and six Democratic congressional districts in the state. African Americans comprise a minority of the population of the revised Twelfth Congressional District, and both the new Twelfth, and the First Congressional District of the plan (which remains a majority-Black district) are more geographically compact than their companion districts in the 1992 congressional plan. Despite these revisions, a three-judge federal court in North Carolina entered an Order today which invalidated the revised Twelfth Congressional District and permanently enjoined the State from conducting elections under the 1997 redistricting plan. The ruling was entered following a hearing in which the Court refused to rule on our pending intervention motion and did not allow us to participate in oral argument. Todd Cox, Anita Hodgkiss, and Adam Stein attended the hearing. A copy of the Order and Permanent Injunction, which was entered by Judges Boyle and Voorhees, is attached to this Memorandum. Circuit Judge Ervin dissented from the Order. Neither majority nor dissenting opinions have been issued by the Court yet. The majority directed the parties to propose a timetable for the legislature to enact a new plan and a revised election schedule by April 8, 1998. The State is planning to seek a stay of the decision (Chief Justice Rehnquist is the Circuit Justice). /attachment APR-03-98 06:14PM FROM-FERGUSON, Yl) HALLAS ADKINS GRES HAMAS UM +7043345654 a T-430 P.01/02 F-173 FILED Iu THE DISTRICT COURT OF TED UNITED STATES . JOR THE SABTERN DIBTRICT OF FORTH CAROLINA : EASTILN DIVISION APR 3 1998 CIVIL NO. 4196CV104-BO(3) DAVID W. DANIEL, CLERK u. S DISTRICT COURT MARTIN CROMARTIE, ot al., E DIST. NO. CAR plaintifrs, ve QBREIR._ANR JAMES B. HUNT, 3k., in his capacity as Governor of the gcats of North Carolina, et al., Defendants. et ? Va g? Ca e? Ca ll B e d B t C a Go vt B t B d B ® M e h Be t Ca g Q e ” 2HYE MATTER la Dafora tha Court on Plaintiffs’ motion for prelirinary injunction, Plaintiffs’ motion for summary judgment, and Defendants’ motion for susaary judgrent. Following a hearing an Tuesday. March 31, 1558, tho Court took these mationa under advisement and naw isaves the fallowing ruling: 1) Finding That the Twelfth congressional plstrict under the 1597 North Carelina cangresaianal redistricting plan is unconstitutional, the Court hersby GRANTS Plaintifzs' motion for summary judgment as to the Twelfth congressional Disrriat. 2) Based upsnh tha Court's finding that the Twelfth Cangressianal Diotrict is unconstitutlanal, it is further ORDERED that Plaintiffe’ motion for a preliminary injunction and Plaintiff's request for a APR-03-98 06:14PM FROM-FERGUSON, ff) HALLAS ADKINS. GRESHAWASUM +7043345654 @ T-430 P.02/02 F-173 permanent injunaction ans contained in its complaint aya GRANTED. Defendants ars herady ENJOINED from canducting any primary or general election lor congveaaisnal off {cen under the redistricting plan enacted as 1997 N.C. Sespien Laws, Chapter 11. 3) Tt is rurther ORDERED that tha parties file a written gubmigsion no later than Wadnesday, april 8, 19338, addrensing the tollawing lgsues: a) An appropriate time peried within which tha North carolina General Assambly may he allawed the cpportunicy to corrsct the conctitcutional dafacts in the 1997 plan, in default of which the caurt would.undartaka the task. b) A proposed glection schedula to follaw redimrricting which providds far a primary election process culminating in a general congtasajonal election ta be held an Tuesday, November 3, 1958. Tnis order and permanent injuncticnh ara entered hy a majority of theo thras-judge papal. Circuit Judges Bam J Bevin, TTY, dissents. Memoranda with reference to chim order will be issued as scon as possibla. THIS the shira day of April, 1998. TERRENCE W. BOYLE chief United States District Judge FICHARD L. VOORHEES United States District Judge BY: N garnet (J: TERRENCE W. BAQYLE Eo chief United States District Judge