Read the North Carolina lawmakers’ petition to the US Supreme Court here
.jpeg "A judge’s gavel.")
North Carolina’s gerrymandering lawsuit is still happening, even as the lines have been set for the 2022 election.
On Thursday Republican leaders asked the U.S. Supreme Court to consider their argument for the “state legislative doctrine.” The News & Observer has previously reported it’s a way to argue that state courts shouldn’t be able to issue rulings that affect federal elections — no more rulings that congressional maps are unconstitutionally gerrymandered, for example.
But it’s not just about redistricting, even if that’s the main reason it’s before the court now, and it could receive attention all around the country for its potential impact on other states.
Several lawsuits are making their way through the state court system now that could affect how elections are run, like a new voter ID law as well as voting rights for people with felony records. Republican lawmakers lost both cases at trial. But the cases aren’t done since the N.C. Supreme Court has yet to weigh in. If the U.S. Supreme Court steps in first, however, and rules in favor of the legislature, then those laws would still be used in federal elections even if they’re found to be unconstitutional.
The N.C. State Board of Elections opposes the legislature’s argument, saying it would lead to mass confusion and contradictory rules, The News & Observer has reported, and outside experts say the Supreme Court has ruled on it multiple times in the past, never in favor of the argument the legislature is making now.
Republican leaders think now is the right time for the Supreme Court, which has a 6-3 conservative majority, to revisit their argument that when states pass laws about federal elections, courts can’t strike them down as unconstitutional.
Read the whole petition here:
This story was originally published March 17, 2022 at 5:35 PM.
