Blankenship v. Bartlett

22 Citing cases

  1. Harper v. Hall

    384 N.C. 292 (N.C. 2023)   Cited 15 times
    Referring to maps required by erroneous decisions in Lewis and Harper I

    Thus, residents of District 10A have a voting power roughly five times greater than residents of District 10C, four and a half times greater than residents of District 10B, and four times greater than residents of District 10D. 363 N.C. 518, 527, 681 S.E.2d 759, 766 (2009).

  2. Harper v. Representative Destin Hall

    No. 413PA21-2 (N.C. Apr. 28, 2023)   Cited 1 times

    363 N.C. 518, 527, 681 S.E.2d 759, 766 (2009).

  3. Harper v. Hall

    2022 NCSC 17 (N.C. 2022)

    This redistricting authority is subject to limitations contained in the North Carolina Constitution, including both in the provisions allocating the initial redistricting responsibility to the General Assembly and in other provisions which have been interpreted by this Court to be applicable to the redistricting process. See, e.g., Stephenson, 355 N.C. 354; Blankenship v. Bartlett, 363 N.C. 518 (2009). Additionally, the General Assembly must comply with all applicable provisions of federal law, including federal one-person-one-vote requirements and the Voting Rights Act, under Article I, sections 3 and 5 of the North Carolina Constitution.

  4. Harper v. Hall

    380 N.C. 317 (N.C. 2022)   Cited 24 times
    Recognizing "close-votes, close-seats analysis" and "partisan asymmetry analysis" as other potential fairness metrics

    This redistricting authority is subject to limitations contained in the North Carolina Constitution, including both in the provisions allocating the initial redistricting responsibility to the General Assembly and in other provisions which have been interpreted by this Court to be applicable to the redistricting process. See, e.g. , Stephenson , 355 N.C. 354, 562 S.E.2d 377;Blankenship v. Bartlett , 363 N.C. 518, 681 S.E.2d 759 (2009). Additionally, the General Assembly must comply with all applicable provisions of federal law, including federal one-person-one-vote requirements and the Voting Rights Act, under Article I, sections 3 and 5 of the North Carolina Constitution.

  5. Harper v. Hall

    2022 NCSC 17 (N.C. 2022)

    This redistricting authority is subject to limitations contained in the North Carolina Constitution, including both in the provisions allocating the initial redistricting responsibility to the General Assembly and in other provisions which have been interpreted by this Court to be applicable to the redistricting process. See, e.g., Stephenson, 355 N.C. 354; Blankenship v. Bartlett, 363 N.C. 518 (2009). Additionally, the General Assembly must comply with all applicable provisions of federal law, including federal one-person-one-vote requirements and the Voting Rights Act, under Article I, sections 3 and 5 of the North Carolina Constitution.

  6. Holmes v. Moore

    384 N.C. 426 (N.C. 2023)   Cited 10 times

    In essence, "[e]qual protection requires that all persons similarly situated be treated alike." Blankenship v. Bartlett , 363 N.C. 518, 521, 681 S.E.2d 759, 762 (2009) (quoting Richardson v. N.C. Dep't of Corr. , 345 N.C. 128, 134, 478 S.E.2d 501, 505 (1996) ). This Court's analysis of our Constitution's Equal Protection Clause has "generally follow[ed] the analysis of the Supreme Court of the United States in interpreting the corresponding federal clause."Id. at 522, 681 S.E.2d at 762.

  7. Cmty. Success Initiative v. Moore

    384 N.C. 194 (N.C. 2023)   Cited 11 times

    Accordingly, "[t]his Court's analysis of the State Constitution's Equal Protection Clause generally follows the analysis of the Supreme Court of the United States in interpreting the corresponding federal clause." Blankenship v. Bartlett , 363 N.C. 518, 522, 681 S.E.2d 759, 762 (2009). "However, in the construction of the provision of the State Constitution, the meaning given by the Supreme Court of the United States to even an identical term in the Constitution of the United States is, though highly persuasive, not binding upon this Court.

  8. King v. Beaufort Cty. Bd. of Educ

    364 N.C. 368 (N.C. 2010)   Cited 7 times
    In King we held that a student who is suspended and denied access to alternative education must be given a reason why he or she is not allowed to participate in an alternative education program.

    Accordingly, we hold that alternative education decisions for students who receive long-term suspensions are reviewed under the state constitutional standard of intermediate scrutiny. See, e.g.,Blankenship v. Bartlett, 363 N.C. 518, 524, 681 S.E.2d 759, 764 (2009) (applying intermediate scrutiny to state constitutional challenge). Under the state intermediate scrutiny standard, school administrators must articulate an important or significant reason for denying students access to alternative education; however, the reasons supporting their decisions do not need to be compelling.

  9. Holmes v. Moore

    383 N.C. 171 (N.C. 2022)   Cited 5 times

    The right to vote is a fundamental right, preservative of all other rights. Blankenship v. Bartlett, 363 N.C. 518, 522, 681 S.E.2d 759 (2009) ; see alsoReynolds v. Sims, 377 U.S. 533, 562, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964). If the right to vote is undermined, it renders illusory all "[o]ther rights, even the most basic."

  10. Raleigh Wake Citizens Ass'n v. Wake Cnty. Bd. of Elections

    827 F.3d 333 (4th Cir. 2016)   Cited 32 times
    Holding that "an attempt to guaranty Republican victory through the intentional packing of Democratic districts" is an illegitimate factor

    In addition to their federal constitutional one person, one vote claim, Plaintiffs brought a similar North Carolina state claim. Under the North Carolina Constitution, “[t]he right to vote on equal terms in representative elections—a one-person, one-vote standard—is a fundamental right.” Blankenship v. Bartlett , 363 N.C. 518, 681 S.E.2d 759, 762–63 (2009). A North Carolina analysis of the state's “Equal Protection Clause generally follows the analysis of the Supreme Court of the United States in interpreting the corresponding federal clause.”