Although Covington does not order a special election, it is a strong and powerful indictment of the legislature and its gerrymandering. Further, there is a good case to be made that the legislators are usurpers and their ongoing actions void. The court addressed this at the end of the opinion (pp 45-46 clipped below). The opinion correctly concludes state law on this is “unsettled” and appropriately addressed to state courts. This seems like an invitation for someone to challenge the legislators as Usurpers.
“Plaintiffs and the NAACP, as amicus curiae, nonetheless argue that the potential for disruption factor weighs in favor of ordering a special election because the Supreme Court’s summary affirmance of this Court’s decision calls into question, as a matter of state law, the authority of legislators elected in unconstitutional districts to legislate. Pls.’ Suppl. Br. on Remedies at 5. In particular, according to Plaintiffs, “officers elected pursuant to an unconstitutional law are ‘usurpers’ and their acts are absolutely void.” Id. (quoting In re Pittman, 564 S.E.2d 899, 901 (N.C. Ct. App. 2002)). Plaintiffs maintain that because nearly 70% of the districts must be redrawn to remedy the unconstitutional districting plans, the state Senate and House, as currently composed, lack the power to act. See id. at 5–8. We agree with Plaintiffs that the absence of a legislature legally empowered to act would pose a grave disruption to the ordinary processes of state government. But Plaintiffs cite no authority from state courts definitively holding that a legislator elected in an unconstitutionally drawn district is a usurper, nor have we found any. On the contrary, Plaintiffs concede that whether the General Assembly, as currently composed, is empowered to act is an unsettled question of state law. See id. at 7. Given that this argument implicates an unsettled question of state law, Plaintiffs and Amici’s argument is more appropriately directed to North Carolina courts, the final arbiters of state law.”
It's time to take these criminals to court once and for all. It should be easy to find plaintiffs with standing. This needs to happen now.