The Supreme Court considers federal election jurisdiction
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The Supreme Court will hear arguments later today in a case that will determine whether federal election laws and redistricting maps passed by state legislatures should continue to be subject to judicial review in state courts. Fair warning: this story is fairly dense, so buckle up – but it could fundamentally change how federal elections are conducted in America.
🗳️ Background: In late 2021, North Carolina’s Republican-controlled legislature approved a new voting map that would favor the GOP in 10 of the state’s 14 districts, prompting legal challenges by Democratic groups.
- NC’s Supreme Court ruled 4-3 in February that the map violated the state constitution due to its partisan nature, prompting NC Republicans to appeal the case to the US Supreme Court.
🗣️ The arguments… This specific case centers around the Constitution’s elections clause, which states the rules for federal elections “shall be prescribed in each State by the Legislature thereof” (unless overridden by Congress).
The main focus of the Supreme Court is how to interpret “Legislature” – does the word refer only to a state’s elected legislative body, or instead to its broader lawmaking system, which includes state courts?
- NC Republicans are arguing that state courts exceeded their authority by overruling the legislature. A ruling in their favor would ensure elected representatives, not judges or administrators, are the ones creating voting rules, they say.
- On the other side, NC officials and the Biden administration contend that a GOP-favored ruling would upend centuries of legal tradition, and potentially invalidate thousands of election policies and laws that weren’t adopted directly by a state legislature (including those enacted via ballot initiatives).
👀 Looking ahead… The final decision in this case is expected by next May or June.
📊 Flash poll: In your opinion, should federal election laws and policies passed by state legislatures be subject to review by state courts?
See a 360° view of what the media is saying →
Sprinkles from the Left
- Some commentators argue that what NC Republicans are arguing for would ultimately erode America’s system of checks and balances and threaten the overall fairness of national elections.
- Others contend that disallowing state courts from hearing federal election cases would give state legislatures sole power over voting laws, congressional redistricting and potentially even the selection of presidential electors and certification of election winners.
- “In NC’s Supreme Court case, the least bad outcome is still really bad” –Charlotte Observer Editorial Board
- “I’m the Governor of North Carolina. This Fringe Claim Before the Supreme Court Would Upend Democracy.” –North Carolina Gov. Roy Cooper
- “Republicans’ Supreme Court argument on redistricting could backfire” –Sam Wang, WaPo
Sprinkles from the Right
- Some commentators argue that the NC Supreme Court overstepped its authority by throwing out the voting map for being too partisan, when partisan gerrymandering isn’t explicitly mentioned in the state constitution.
- Others contend that the SCOTUS case is actually quite straightforward: can the NC Supreme Court usurp the authority of the state legislature and impose their own voting maps? The answer, of course, is no.
- “The Supreme Court’s Elections Opening in Moore v. Harper” –WSJ Editorial Board
- “Moore v. Harper and the Left’s Litigation Machine” –Carrie Campbell Severino, National Review
- “Forget voter fraud — gerrymandering is the real threat to democracy” –Jay Evensen, Deseret
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