Judges seem ready to hear the election case pushed by the Republicans


Washington (AP) —The Supreme Court is under pressure by the Republican Party, which may strengthen state parliamentarians’ power over the competition between parliament and presidential elections, reorganize constituencies, and separate state courts from the equation. It looks like you’re ready to file an election litigation. ..

The Repeated problems in North Carolina and Pennsylvania casesA Democratic majority in the State Supreme Court called for vote protection in the State Constitution, frustrating plans for a Republican-controlled legislature.

Already, four conservative Supreme Court judges have decided whether a state court that finds a violation of the state’s constitution can order a change in federal elections and a ten-year redraw of the parliamentary district. Shows interest in doing. The Supreme Court has never called what is known as the doctrine of an independent state legislatureAlthough three judges proceeded with the Bush v. Gore case, which settled the 2000 presidential election.

“It’s almost certain that this issue will continue to occur until the court is decisively resolved,” Judge Brett Kavanaugh wrote in March.

Only 4 out of 9 judges are required to agree to hear the case. The final decision requires a majority of five people.

Many election law experts are wary of the prospect that judges may try to reduce the power of state courts over elections.

“A ruling in favor of a strong or muscular interpretation of independent state legislature theory may provide the state legislature with a path to proceedings to reduce voting rights and overturn election results that represent the will of the people. “The law professor Richard Harsen wrote in an email.

But when judges are involved, Mr. Harsen said, “it makes sense for courts to do so outside the context of state-affected elections.”

The court can say whether to hear the appeal filed by a Republican in North Carolina, as early as Tuesday, or perhaps the following week. The appeal challenges the state court’s ruling in 10 of the 14 parliamentary districts of the state that abandoned the parliamentary districts drawn by the General Assembly, which makes Republican candidates look like winners.

The North Carolina Supreme Court has ruled that boundaries are violated by state constitutional provisions that protect free elections and freedom of speech and association by handicap voters in favor of the Democratic Party.

The new map, which finally emerged and is in use this year, gives Democrats a good chance to win 6 seats and could possibly win 7 seats in the new Toss Up district.

The Pennsylvania Supreme Court also chose a map stating that the Republicans would probably lead to more Democratic elections as the two parties vie for control of the House of Representatives in the November midterm elections. If for any reason the court passes the North Carolina proceedings, we are also waiting for an appeal from Pennsylvania.

Nationwide, the parties fought a subdivision drawThis puts the Republican Party in a position to gain control of the House of Representatives, even if it is slightly less than enough to win a majority in the referendum.

Hopefully the Republican Party will win a seat in the Supreme Court of the State, including North Carolina, and may be able to draw a more sloping map that previous courts rejected. Two North Carolina Democratic seats are being voted this year, and Republicans need to win only one to rule the court for the first time since 2017.

A North Carolina Republican wrote that it was time for the Supreme Court to consider the election provisions of the US Constitution in an appeal to the State High Court. About holding a parliamentary election.

“Activist judges and alliance plaintiffs have repeatedly proved that no matter what the US Constitution says, state courts believe they have the ultimate say in the map of Congress.” Phil Berger, leader of the North Carolina Senate, said when the appeal was filed in March.

The Supreme Court usually does not interfere with state court decisions rooted in state law.

However, four Supreme Court judges, Clarence Thomas, Samuel Alito, Neil Gorsuch, and Kavanaugh, have decided to determine whether the state court has improperly taken the power given to state parliamentarians by the US Constitution. He said he should intervene.

It was a debate advocated by Thomas and two other conservative judges in the Bush v. Gore case, which was decided for other reasons.

If the court takes up the North Carolina proceedings and decides in favor of the GOP, North Carolina Republicans may draw a new map for the 2024 election, with less concern that the State Supreme Court will overthrow them. I can do it.

Defenders of state court involvement claim that state council members also have the power to pass clauses that curb voting, subject only to federal court oppositions. Some scholars have said that delegating authority to the Election Commission and the Secretary of State to control federal elections in an emergency could also be legally questioned.

“That recruitment will radically change our elections,” wrote Ethan Helenstein and Tom Wolfe, both of the democratic programs at NYU School of Law’s Brennan Center, earlier this month.


Robertson reported from Raleigh, NC.