OPINION: 'The underlying rationales between the state and SCOTUS matters are the same: Republican majorities want the power to do what they please with election laws,' writes shanlonwu
that had stood for a half-century: “No recent developments, in either law or fact, have eroded or cast doubt on these precedents. Nothing, in short, has changed… The Court reverses course today for one reason and one reason only: because the composition of this Court has changed.”
Said Earls: “Nothing has changed since we rendered our opinion in this case on 16 December 2022: the legal issues are the same; the evidence is the same; and the controlling law is the same. The only thing that has changed is the political composition of the court,” she. “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.
The underlying rationales between the state and SCOTUS matters are the same: Republican majorities want the power to do what they please with election laws. This request presents Attorney General Merrick Garland’s DOJ with a critical strategic decision in whether to ask SCOTUS to wait for the outcome of the rehearing by the North Carolina Supreme Court. Such a request, if granted, would essentially punt the ILST decision to another day.
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