Page:Moore v. Harper.pdf/10

Rh Following our grant of certiorari, the North Carolina Supreme Court heard an appeal concerning the trial court’s remedial order. In December 2022, the Court issued a decision affirming in part, reversing in part, and remanding the case. As relevant, it agreed with the trial court’s determination that the General Assembly’s remedial congressional plan “fell short” of the requirements set forth in Harper I. Harper II, 383 N. C., at 125, 881 S. E. 2d, at 181.

The legislative defendants sought rehearing, requesting that the North Carolina Supreme Court “withdraw” its remedial opinion in Harper II. Pet. for Rehearing in Harper v. Hall, No. 413PA21, p. 25 (Jan. 20, 2023) (Pet. for Rehearing). They also asked the Court to “overrule” its decision in Harper I, although they conceded that doing so would not “negate the force of its order striking down the 2021 plans.” Pet. for Rehearing 24. The North Carolina Supreme Court granted rehearing in Harper II, and we ordered the parties to submit supplemental briefing concerning our jurisdiction over this case in light of that decision.

Following the parties’ submission of supplemental briefs in this Court, the North Carolina Supreme Court issued a decision granting the requests made by the legislative defendants. The Court withdrew its opinion in Harper II, concerning the remedial maps, and “overruled” its decision in Harper I. See Harper v. Hall, ___ N. C. ___, 886 S. E. 2d 393 (2023). Relying on our decision in Rucho and on a renewed look at the constitutional provisions at issue, the Court repudiated Harper I’s conclusion that partisan gerrymandering claims are justiciable under the North Carolina Constitution. See ___ N. C., at ___, 886 S. E. 2d, at 431.

The North Carolina Supreme Court dismissed the plaintiffs’ claims with prejudice. Id., at ___, 886 S. E. 2d, at 401. But it did not reinstate the 2021 congressional plans that Harper I had struck down under the North Carolina