That era did not last long. Republicans narrowly won two Democratic seats in 2020, including one by just 401 votes, then won two more last year by margins of 4-5 points. That string of victories returned the GOP to the majority and left Morgan and Earls as the only Democrats and only Black justices on the court. It also immediately ushered in a series of decisions that saw the Republican justices overturn multiple rulings in favor of voting rights by the previous Democratic majority, including the case outlawing gerrymandering.
As a result, Republican legislators will once again be able to draw maps that favor them in the extreme, allowing them to lock in supermajorities despite North Carolina’s perennial swing-state status. And the road back to fair maps is a narrow one. North Carolina doesn’t allow its citizens to pass laws or amend their constitution through ballot initiatives, and the governor lacks the power to veto redistricting plans. With federal courts closing their doors to gerrymandering challenges thanks to the far-right majority on the U.S. Supreme Court, the only option is for Democrats to focus all their energies on winning back the state Supreme Court.
The road, however, is a long one. It starts with defending Morgan’s seat in 2024, though if Democrats are successful, his decision not to run again would come with a silver lining: Morgan would have faced mandatory retirement at the age of 72 in 2027, less than halfway through a second term. A younger justice, by contrast, would be able to serve the full eight years.
They’ll then have to ensure Earls wins reelection in 2026 (she would not hit the mandatory retirement age until 2032). After that, they’d have to win two of the three Republican seats that will be up in 2028 for a 4-3 majority. It’s also critical that they elect Democratic Attorney General Josh Stein to succeed Cooper next year, since he’d be able to fill any vacancies that arise, including when Republican Chief Justice Paul Newby turns 72 in 2027. A Stein victory would also prevent Republicans from adding two seats to the court that a GOP governor could fill, a plan Republicans have been contemplating for some time.
Republicans also have more immediate designs on changing the rules to benefit themselves. A Republican bill would raise the retirement age to 76, which would allow Newby to complete his term, which otherwise would conclude at the end of 2028, and even run for reelection that year. That would also prevent Stein, should he prevail, from naming a Democrat to Newby’s seat in 2027. This retirement provision is included in the GOP’s recently unveiled budget, suggesting it’s likely to pass before the legislature adjourns this summer.
Yet while 2028 might seem far away, it’s still within reach. North Carolina Democrats had to wait 18 years, from 1998 to 2016, to regain a court majority, while progressives in Wisconsin, another similarly swingy state, at last reclaimed control of their own high court earlier this year after a 15-year drought. The horizon this time is five years off. And given the new 12-week abortion ban Republicans just passed over Cooper’s veto, Democrats will be able to highlight GOP extremism on the issue, an approach that proved very effective in Wisconsin. The path is not easy, but it is navigable, and it’s the one Democrats must take.
Hell yeah! Democrats and progressives simply crushed it from coast to coast on Tuesday night, so co-hosts David Nir and David Beard are devoting this week’s entire episode of “The Downballot” to reveling in all the highlights. At the very top of the list is Jacksonville, where Democrats won the mayor’s race for just the second time in three decades—and gave the Florida Democratic Party a much-needed shot in the arm. Republicans also lost the mayor’s office in the longtime conservative bastion of Colorado Springs for the first time since the city began holding direct elections for the job 45 years ago.
