The Supreme Court is grappling today with a case that could allow state legislatures to bypass courts on election rules. John Roberts, Brett Kavanaugh and Amy Coney Barrett are the key justices to watch.
The Supreme Court is grappling Wednesday with a legal theory that could strip state courts’ ability to review election laws passed by legislatures, in a case that would mark a dramatic change in how states oversee elections.— surrounds North Carolina’s congressional map. There, the state Supreme Court tossed the maps drawn by the GOP-controlled Legislature as an illegal partisan gerrymander, with court-drawn maps ultimately being used for the 2022 election.
That leaves Roberts, Barrett and Kavanaugh as the justices who would likely be the backbone of any controlling opinion out of the court, leaving court watchers to closely scrutinize their questioning on Wednesday. “Vesting the power to veto the actions of the legislature significantly undermines the argument that it can do whatever it wants,” Roberts said, citing a 1930s Supreme Court case that found that the U.S. Constitution didn’t prohibit governors from vetoing a congressional map passed by legislatures.
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