On January 20, 2023, the ACLU-NH and the ACLU filed a friend-of-the-court brief in this case challenging the State Senate and Executive Council plans on the basis that they are partisan gerrymanders. We argue in our brief that the trial court erred in dismissing the case as a “nonjusticiable political question” because the Free and Fair Elections Clause of the New Hampshire Constitution prohibits partisan gerrymandering. As we explain in our brief, courts in six states have found that partisan gerrymandering is banned under their state constitutions, and New Hampshire should follow suit.
On November 29, 2023, in a 3-2 decision, the New Hampshire Supreme Court held that such a claim was a nonjusticiable political question.