vlog

Skip to content
NOWCAST vlog News at Noon Weekdays
Watch on Demand
Advertisement

Supreme Court upholds North Carolina ruling that congressional districts violated state law

Supreme Court upholds North Carolina ruling that congressional districts violated state law
The Supreme Court heard oral arguments in *** case that could forever shape redistricting and federal elections in America. In more V Harper, the justices are considering the validity of the independent state legislature theory which says only legislatures have the authority to regulate federal elections and state courts cannot interfere the elections clause requires state legislatures specifically to perform the federal fund of prescribing regulations for federal elections. States lack the authority to restrict the legislature's substantive discretion when performing this federal function. But Thompson immediately came under tough questioning from conservative and liberal justices alike. You concede that state legislative action under the elections clause is subject to governor's veto. Right. Yes, your honor. Well, the governor is not part of the legislature. Why, why do you concede that point in all recent cases? We've said of course state courts applying state constitutions typically constrains state legislatures when they redistrict when they enact election laws. Ultimately, the justices will decide whether state courts can nullify and replace regulations for federal elections put in place by legislatures. It stems from *** lawsuit in which the North Carolina State Supreme Court blocked *** Republican drawn congressional map. *** trial court then appointed three experts to draw *** new map and adopted it. The challengers contend there is no such thing as an independent state legislature. When it comes to enacting legislation, the blast radius from their theory would so elections chaos forcing *** confusing two track system with one set of rules for federal elections and another for state ones justice Kanji Brown Jackson and others homed in on the separation of powers and what exactly constitutes *** legislative power. I thought we told we were able to tell when something is *** legislative power by reference to the state's constitution that they tell us when legislative power is being exercised at all validly or whatever the decision will be released by the end of June. Straight from DC. I'm Ray Bogan.
Advertisement
Supreme Court upholds North Carolina ruling that congressional districts violated state law
The Supreme Court on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.The justices by a 6-3 vote rejected the broadest view of a case that could have transformed elections for Congress and president.North Carolina Republicans had asked the court to leave state legislatures virtually unchecked by their state courts when dealing with federal elections.But Chief Justice John Roberts wrote for the court that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”The high court did, though, suggest there could be limits on state court efforts to police elections for Congress and president.The practical effect of the decision is minimal in that the North Carolina Supreme Court, under a new Republican majority, already has undone its redistricting ruling.Justices Samuel Alito, Clarence Thomas and Neil Gorsuch would have dismissed the case because of the intervening North Carolina court action.Another redistricting case from Ohio is pending, if the justices want to say more about the issue before next year’s elections.The North Carolina case attracted outsized attention because four conservative justices had suggested that the Supreme Court should rein in state courts in their oversight of elections for president and Congress.Opponents of the idea, known as the independent legislature theory, had argued that the effects of a robust ruling for North Carolina Republicans could be much broader than just redistricting and exacerbate political polarization.Potentially at stake were more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places, according to the Brennan Center for Justice at the New York University School of Law.The justices heard arguments in December in an appeal by the state’s Republican leaders in the legislature. Their efforts to draw congressional districts heavily in their favor were blocked by a Democratic majority on the state Supreme Court because the GOP map violated the state constitution.A court-drawn map produced seven seats for each party in last year’s midterm elections in highly competitive North Carolina.The question for the justices was whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process.Former federal judge Michael Luttig, a prominent conservative who has joined the legal team defending the North Carolina court decision, said in the fall that the outcome could have transformative effects on American elections. “This is the single most important case on American democracy — and for American democracy — in the nation’s history,” Luttig said.Leading Republican lawmakers in North Carolina told the Supreme Court that the Constitution’s “carefully drawn lines place the regulation of federal elections in the hands of state legislatures, Congress and no one else.”During nearly three hours of arguments, the justices seemed skeptical of making a broad ruling in the case. Liberal and conservative justices seemed to take issue with the main thrust of a challenge asking them to essentially eliminate the power of state courts to strike down legislature-drawn, gerrymandered congressional district maps on grounds that they violate state constitutions.In North Carolina, a new round of redistricting is expected to go forward and produce a map with more Republican districts.

The on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.

The justices by a 6-3 vote rejected the broadest view of a .

Advertisement

North Carolina Republicans had asked the court to leave state legislatures virtually unchecked by their state courts when dealing with federal elections.

But Chief Justice John Roberts wrote for the court that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”

The high court did, though, suggest there could be limits on state court efforts to police elections for Congress and president.

The practical effect of the decision is minimal in that .

Justices Samuel Alito, Clarence Thomas and Neil Gorsuch would have dismissed the case because of the intervening North Carolina court action.

Another is pending, if the justices want to say more about the issue before next year’s elections.

The North Carolina case attracted outsized attention because four conservative justices had suggested that the Supreme Court should rein in state courts in their oversight of elections for president and Congress.

Opponents of the idea, known as the independent legislature theory, had argued that the effects of a robust ruling for North Carolina Republicans could be much broader than just redistricting and exacerbate political polarization.

Potentially at stake were more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places, according to the Brennan Center for Justice at the New York University School of Law.

The justices heard arguments in December in an appeal by the state’s Republican leaders in the legislature. Their efforts to draw congressional districts heavily in their favor were blocked by a Democratic majority on the state Supreme Court because the GOP map violated the state constitution.

A in last year’s midterm elections in highly competitive North Carolina.

The question for the justices was whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process.

Former federal judge Michael Luttig, a prominent conservative who has joined the legal team defending the North Carolina court decision, said in the fall that the outcome could have transformative effects on American elections. “This is the single most important case on American democracy — and for American democracy — in the nation’s history,” Luttig said.

Leading Republican lawmakers in North Carolina told the Supreme Court that the Constitution’s “carefully drawn lines place the regulation of federal elections in the hands of state legislatures, Congress and no one else.”

During nearly three hours of arguments, the justices seemed skeptical of making a broad ruling in the case. Liberal and conservative justices seemed to take issue with the main thrust of a challenge asking them to essentially eliminate the power of state courts to strike down legislature-drawn, gerrymandered congressional district maps on grounds that they violate state constitutions.

In North Carolina, a new round of redistricting is expected to go forward and produce a map with more Republican districts.