North Carolina Supreme Court granted GOP request to rehear case on voting maps for Congressional & state legislative districts. The case could have sweeping implications on upcoming federal elections.
"In other types of cases, I think the U.S. Supreme Court would probably wait and see what the state court does. But because this case is of such significance in terms of how elections will operate going forward, there are good reasons for the U.S. Supreme Court to decide it now," Shapiro adds.
Another layer of complications could be introduced by how the North Carolina Republican state lawmakers and their challengers react to the state court's new ruling.
"As state supreme courts around the country are increasingly asked to address hot-button issues," Yablon says,"we may see more of these requests and we may see more shifting of doctrine in ways that we don't see quite as much of in the U.S. Supreme Court, where you don't have as much turnover as you sometimes see in state courts.
The public's trust in the state court, wrote Justice Anita Earls in the opinion joined by Justice Michael Morgan,"depends on the fragile confidence that our jurisprudence will not change with the tide of each election. Yet it took this Court just one month to send a smoke signal to the public that our decisions are fleeting, and our precedent is only as enduring as the terms of the justices who sit on the bench.
Regardless of how this North Carolina case turns out at the state court, the independent state legislature theory is likely to continue hovering around the U.S. Supreme Court's docket.Republican state lawmakers from Ohio have already teed up
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