Page:Moore v. Harper.pdf/2

2 defendants’ request to rehear that remedial decision in Harper II. The court ultimately withdrew the opinion in Harper II concerning the remedial maps and overruled Harper I, repudiating its holding that partisan gerrymandering claims are justiciable under the North Carolina Constitution. The court dismissed plaintiffs’ claims but did not reinstate the 2021 congressional plans struck down in Harper I under the State Constitution. This Court has entertained two rounds of supplemental briefing on jurisdictional questions in light of the state court’s rehearing proceedings.

This Court also has jurisdiction to review the judgment in Harper I under 28 U. S. C. §1257(a), which provides that jurisdiction in this Court extends to “[f]inal judgments … rendered by the highest court of a State in which a decision could be had.” Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, identified categories of cases in which a decision of a State’s highest court was considered a final judgment for §1257(a) purposes despite the anticipation of additional lower court proceedings, including “cases … in which the federal issue, finally decided by the highest court in the State, will survive and require decision regardless of the outcome of future state-court proceedings.” Id., at 480. Harper I is such a case. Because subsequent proceedings have