The Supreme Court began debating whether state legislators have the power to set federal voting rules without oversight from state courts, in what would be a fundamental change in the way elections are conducted. Follow for live updates here:
s, subject only to intervention by Congress, even if their actions result in extreme partisan voting maps for congressional seats – and violate voter protections enshrined in state constitutions. The case could have a major impact on the 2024 election.
Justice Brett M. Kavanaugh on Dec. 7 questioned how much the petitioner’s case in Moore v. Harper would limit state courts’ election oversight. But the Supreme Court has never said the Constitution’s recognition that the legislature leads the process should replace the normal mechanisms of government, in which legislators are constrained by state constitutions and overseen by state courts. The court’s three liberal justices expressed skepticism about the lack of constraints on lawmakers.Justice Elena Kagan suggested that the lawmakers’ theory could have “big consequences” that get"rid of the normal checks and balances.
In North Carolina, a purple state, analysts said the map created by Republican legislators after the 2020 Census would have given the GOP an edge in 10 of 14 congressional districts. Democratic justices on the elected state Supreme Court said the redistricting maps had a partisan tilt “not explained by the political geography of North Carolina.”The state’s Republican legislative leaders asked the Supreme Court to intervene and said state courts have no power to second-guess the legislature.
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