Opinion
No. 201PA12–3
02-11-2016
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, for Rucho, Robert et al. Edwin Speas, Attorney at Law, for Dickson, Margaret, et al Mr. Thomas A. Farr, Attorney at law Mr. Alexander McC. Peters, Special Deputy Attorney General, for State of North Carolina, et al Ms. Susan K. Nichols, Special Deputy Attorney General Mr. John W. O'Hale, Guardian ad Litem Ms. Caroline P. Mackie, Attorney at Law Ms. Anita S. Earls, Attorney at Law, for Dickson, Margaret, et al Ms. Allison J. Riggs, Attorney at Law Clare Barnett, Attorney at Law Mr. Adam Stein, Attorney at Law, Mr. Victor Goode, Attorney at Law, for North Carolina State Conference of Branches of The NAACP, et al Mr. John A. Bussian, Attorney at Law, for NC Press Association, Inc., et al Mr. Mark J. Prak, Attorney at Law, for N.C. Association of Broadcasters, Inc. Mr. Charles E. Coble, Attorney at Law Dorrian H. Horsey, Attorney at Law Mr. Hugh Stevens, Attorney at Law, for N.C. Open Government Coalition, Inc. Ms. Geraldine Sumter, Attorney at Law, for N.C. Legislative Black Caucus David Lambeth, for David Lambeth Mr. Mark A. Finkelstein, Attorney at Law, Mr. Matthew Nis Leerberg, Attorney at Law, for Election Law Professors Mr. H. Jefferson Powell, Attorney at Law, for N.C. Law Professors Mr. Paul M. Smith, Attorney at Law, Pro Hac Vice, Ms. Jessica Ring Amunson, Attorney at Law, Pro Hac Vice, Ms. Leah J. Tulin, Attorney at Law, Pro Hac Vice, Ms. Michelle R. Singer, Attorney at Law, Pro Hac Vice, for Election Law Professors Mr. Kareem Crayton, Attorney at Law, Pro Hac Vice, Terry Smith, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus Ms. Meghann K. Burke, Attorney at Law, Mr. Michael E. Casterline, Attorney at Law, Mrs. Theodore V. Wells, Jr., Attorney at Law, Mr. Robert A. Atkins, Attorney at Law, Ms. Jaren Janghorbani, Attorney at Law, Ms. Farrah R. Berse, Attorney at Law, Mr. Pietro Signoracci, Attorney at Law, for Congressional Black Caucus
Phillip J. Strach, Attorney at Law, for Rucho, Robert et al.
Edwin Speas, Attorney at Law, for Dickson, Margaret, et al
Mr. Thomas A. Farr, Attorney at law
Mr. Alexander McC. Peters, Special Deputy Attorney General, for State of North Carolina, et al
Ms. Susan K. Nichols, Special Deputy Attorney General
Mr. John W. O'Hale, Guardian ad Litem
Ms. Caroline P. Mackie, Attorney at Law
Ms. Anita S. Earls, Attorney at Law, for Dickson, Margaret, et al
Ms. Allison J. Riggs, Attorney at Law
Clare Barnett, Attorney at Law
Mr. Adam Stein, Attorney at Law, Mr. Victor Goode, Attorney at Law, for North Carolina State Conference of Branches of The NAACP, et al
Mr. John A. Bussian, Attorney at Law, for NC Press Association, Inc., et al
Mr. Mark J. Prak, Attorney at Law, for N.C. Association of Broadcasters, Inc.
Mr. Charles E. Coble, Attorney at Law
Dorrian H. Horsey, Attorney at Law
Mr. Hugh Stevens, Attorney at Law, for N.C. Open Government Coalition, Inc. Ms. Geraldine Sumter, Attorney at Law, for N.C. Legislative Black Caucus
David Lambeth, for David Lambeth
Mr. Mark A. Finkelstein, Attorney at Law, Mr. Matthew Nis Leerberg, Attorney at Law, for Election Law Professors
Mr. H. Jefferson Powell, Attorney at Law, for N.C. Law Professors
Mr. Paul M. Smith, Attorney at Law, Pro Hac Vice, Ms. Jessica Ring Amunson, Attorney at Law, Pro Hac Vice, Ms. Leah J. Tulin, Attorney at Law, Pro Hac Vice, Ms. Michelle R. Singer, Attorney at Law, Pro Hac Vice, for Election Law Professors
Mr. Kareem Crayton, Attorney at Law, Pro Hac Vice, Terry Smith, Attorney at Law, Pro Hac Vice, for N.C. Legislative Black Caucus
Ms. Meghann K. Burke, Attorney at Law, Mr. Michael E. Casterline, Attorney at Law, Mrs. Theodore V. Wells, Jr., Attorney at Law, Mr. Robert A. Atkins, Attorney at Law, Ms. Jaren Janghorbani, Attorney at Law, Ms. Farrah R. Berse, Attorney at Law, Mr. Pietro Signoracci, Attorney at Law, for Congressional Black Caucus
ORDER
Plaintiff–Appellants' Rule 31 Petition for Rehearing is denied as to the second and third issues. As to the remaining first issue, plaintiff-appellants' petition is dismissed on procedural grounds. Plaintiff-appellants waived review of this argument by failing to raise it in their brief on remand. See N.C. R. App. P. 28(a) (“Issues not presented and discussed in a party's brief are deemed abandoned.”); N.C. R. App. P. 28(b)(6) (“Issues not presented in a party's brief, or in support of which no reason or argument is stated, will be taken as abandoned.”).
This Court's 18 December 2015 opinion is modified as follows: the sentence stating “Alabama's Constitution does not contain a Whole County Provision” is deleted, and the words in the next sentence, “that state,” are replaced with the word, “Alabama.” Dickson v. Rucho , 368 N.C. 481, 506, 781 S.E.2d 404, 423 (2015).
“Spec Order by order of the Court in conference, this the 11th of February 2016.”