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Supreme Court reviewing state legislature's power over federal elections

The final decision on the constituency change in the 2022 house race

Washington — Thursday's Supreme Court may weaken state court power to change federal election rules and redraw parliamentary districts approved by state parliamentarians. I agreed to take up the election litigation by the members.

The conflict stems from the constituency change process carried out by the Republican-controlled General Assembly in North Carolina after the 2020 census. The new parliamentary line adopted by the state legislature has given the Republican advantage in 10 of the 14 seats in the state, but the State Supreme Court is an unconstitutional party gerimander under the four provisions of the State Constitution. I decided that I rejected the map. 

The General Assembly has established a new voting line, which was also rejected by the North Carolina Court of Justice. According to an analysis of , the court approved a map created by a special group of masters and assistants. This gave the Republicans six seats in favor of the Democratic four seats in the 2022 election cycle. 87} from the Campaign Legal Center. 

State Republicans first requested the U.S. Supreme Court to intervene in late February, although the court created it. I have submitted an urgent request to block use. Map of upcoming parliamentary elections. The High Courtdismissed the request, but three conservative judges (Samuel Alito, Clarence Thomas, and Neil Gorsuch) were created by the Legislature. He said the district boundaries need to be restored. ..

As a sign of the court's willingness to hear the dispute, Arito, with the addition of Thomas and Gorsuch, said the case "shows a very important and recurring issue of the Constitution, the scope of the state." I wrote. Court authority to reject rules adopted by the Legislature for use in conducting federal elections.

"Sooner or later this question needs to be resolved, the sooner the better," he wrote

Judge Brett Kavanaugh also"It is almost certain that the issue raised by the Republican urgent request will continue to arise until the court resolves it decisively." Kavanaugh will take up either a North Carolina proceeding or a similar battle from another state before the 2024 presidential election goes into full swing, and judges may hear and make decisions on their next term. Encouraged the court to be able to do it.

North Carolina Republicans ask the Supreme Court in March to determine whether state courts have the power to change the rules governing the "time, place, and method" of parliamentary elections. I asked. Legislature based on the election clause of the Constitution.

"The deprivation of its power by the State Supreme Court was portrayed by election provisions in accordance with the ambiguous and uncertain provisions of the State Constitution that ensure free speech, equal protection, and free and fair elections. It cannot simply be squared to the line. "They claimed that the GOP legislative leader's lawyerhad informed the court of the

election clause, as a matter of state law. State Government. ”

North Carolina election authorities and voting groups who challenged the map of the parliament created by the state parliament in 2021 in state courts should not take the case to the Supreme Court. I asked. They argued that the proceedings were controversial by the time the High Court issued its opinion, as the court-drawn voting line would only take place in the November general elections.

In afiling from Common Causes, a group of lawyers, including former Secretary of State Neal Katyal, sought state law to ensure that state courts were in compliance with the State Constitution. He said he was not forbidden to consider. , Even if the rules relate to federal elections.

"The US Constitution does not grant the Legislature an exemption for violations of the State Constitution just because legislation is related to parliamentary elections," they claimed.

On the other hand, the state election authorities separatelyto the Supreme Court, the General Assembly "has the primary responsibility for the state's election law", but "delegates certain powers". I chose to share authority with. " Over the rules governing federal elections to non-legislative parties "

The court will hear discussions on the case in its next term beginning in October.

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