Opinion
No. 201PA12-4
09-28-2017
Margaret DICKSON, et al v. Robert RUCHO, et al North Carolina State Conference of Branches of the NAACP, et al v. The State of North Carolina, et al
Phillip J. Strach, Attorney at Law, Michael D. McKnight, Attorney at Law, Raleigh, for Rucho, Robert et al. Edwin Speas, Attorney at Law, Caroline P. Mackie, Attorney at Law, Raleigh, Anita S. Earls, Attorney at Law, Allison J. Riggs, Attorney at Law, for Dickson, Margaret, et al. Thomas A. Farr, Attorney at law, Raleigh. Alexander McC. Peters, Senior Deputy Attorney General, for State of North Carolina, et al. Susan K. Nichols, Special Deputy Attorney General John W. O'Hale, Guardian ad Litem Clare Barnett, Attorney at Law Adam Stein, Attorney at Law, Chapel Hill, Victor Goode, Attorney at Law, for North Carolina State Conference Of Branches Of The NAACP, et al. John A. Bussian, Attorney at Law, Raleigh, for NC Press Association, Inc., et al. Mark J. Prak, Attorney at Law, Raleigh, for N.C. Association of Broadcasters, Inc. Charles E. Coble, Attorney at Law, Raleigh. Dorrian H. Horsey, Attorney at Law Hugh Stevens, Attorney at Law, for N.C. Open Government Coalition, Inc. Geraldine Sumter, Attorney at Law, Charlotte, for N.C. Legislative Black Caucus. David Lambeth, for David Lambeth. Mark A. Finkelstein, Attorney at Law, Matthew Nis Leerberg, Attorney at Law, Raleigh, Jessica Ring Amunson, Attorney at Law, Leah J. Tulin, Attorney at Law, Pro Hac Vice, Michelle R. Singer, Attorney at Law, Pro Hac Vice, for Election Law Professors. H. Jefferson Powell, Attorney at Law, for N.C. Law Professors. Kareem Crayton, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus. Terry Smith, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus U.S. Supreme Court. Meghann K. Burke, Attorney at Law, Michael E. Casterline, Attorney at Law, Asheville, Theodore V. Wells, Jr., Attorney at Law, Robert A. Atkins, Attorney at Law, Jaren Janghorbani, Attorney at Law, Farrah R. Berse, Attorney at Law, Pietro Signoracci, Attorney at Law, for Congressional Black Caucus.
Phillip J. Strach, Attorney at Law, Michael D. McKnight, Attorney at Law, Raleigh, for Rucho, Robert et al.
Edwin Speas, Attorney at Law, Caroline P. Mackie, Attorney at Law, Raleigh, Anita S. Earls, Attorney at Law, Allison J. Riggs, Attorney at Law, for Dickson, Margaret, et al.
Thomas A. Farr, Attorney at law, Raleigh.
Alexander McC. Peters, Senior Deputy Attorney General, for State of North Carolina, et al.
Susan K. Nichols, Special Deputy Attorney General
John W. O'Hale, Guardian ad Litem
Clare Barnett, Attorney at Law
Adam Stein, Attorney at Law, Chapel Hill, Victor Goode, Attorney at Law, for North Carolina State Conference Of Branches Of The NAACP, et al.
John A. Bussian, Attorney at Law, Raleigh, for NC Press Association, Inc., et al.
Mark J. Prak, Attorney at Law, Raleigh, for N.C. Association of Broadcasters, Inc.
Charles E. Coble, Attorney at Law, Raleigh.
Dorrian H. Horsey, Attorney at Law
Hugh Stevens, Attorney at Law, for N.C. Open Government Coalition, Inc.
Geraldine Sumter, Attorney at Law, Charlotte, for N.C. Legislative Black Caucus.
David Lambeth, for David Lambeth.
Mark A. Finkelstein, Attorney at Law, Matthew Nis Leerberg, Attorney at Law, Raleigh, Jessica Ring Amunson, Attorney at Law, Leah J. Tulin, Attorney at Law, Pro Hac Vice, Michelle R. Singer, Attorney at Law, Pro Hac Vice, for Election Law Professors.
H. Jefferson Powell, Attorney at Law, for N.C. Law Professors.
Kareem Crayton, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus.
Terry Smith, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus U.S. Supreme Court.
Meghann K. Burke, Attorney at Law, Michael E. Casterline, Attorney at Law, Asheville, Theodore V. Wells, Jr., Attorney at Law, Robert A. Atkins, Attorney at Law, Jaren Janghorbani, Attorney at Law, Farrah R. Berse, Attorney at Law, Pietro Signoracci, Attorney at Law, for Congressional Black Caucus.
ORDER
On 30 May 2017, the Supreme Court of the United States granted certiorari and vacated and remanded this Court's judgment in Dickson v. Rucho, 368 N.C. 481, 781 S.E.2d 404 (2015), modified, 368 N.C. 673, 789 S.E.2d 436 (2016). Dickson v. Rucho, ––– U.S. ––––, 137 S.Ct. 2186, 198 L.Ed.2d 252 (2017) (per curiam). The Supreme Court's instruction to this Court is to review Dickson "for further consideration in light of Cooper v. Harris, 581 U.S. ––––, 137 S.Ct. 1455, ––––, 197 L.Ed.2d 837 (2017)." Dickson, ––– U.S. ––––, 137 S.Ct. 2186, 198 L.Ed. 2d 252. Pursuant to the Supreme Court's remand and instruction, and after careful consideration, this Court remands this case to the trial court to determine whether (1) in light of Cooper v. Harris and North Carolina v. Covington, a controversy exists or if this matter is moot in whole or in part; (2) there are other remaining collateral state and or federal issues that require resolution; and (3) other relief may be proper. See Cooper v. Harris, 581 U.S. ––––, 137 S.Ct. 1455, ––––, 197 L.Ed.2D 837 (2017) (per curiam) and North Carolina v. Covington, ––– U.S. ––––, 137 S.Ct. 1624, 198 L.Ed.2d 110 (2017) (per curiam).