BREAKING: Supreme Court rules against giving state legislatures unchecked control over federal elections, ruling against Republicans in North Carolina fighting for a congressional district map that would heavily favor their candidates.
WASHINGTON — The Supreme Court on Tuesday declined to impose new limits on state courts reviewing certain election-related issues by ruling against Republicans in North Carolina fighting for a congressional district map that would heavily favor their candidates.
Supporters of the theory, which has never been endorsed by the Supreme Court, say the language supports the notion that, when it comes to federal election rules, legislatures have ultimate power under state law, potentially irrespective of potential constraints imposed by state constitutions. After the then-Democratic-controlled state Supreme Court in North Carolina issued the ruling last year, the court flipped to Republican control following November's midterm elections and recentlythe decision, a move that prompted questions about whether the justices even needed to decide the case.
Conservative Justice Brett Kavanaugh made it clear in a separate opinion that the court could yet endorse a version of the theory in a later case. A Supreme Court ruling that embraced the theory would have affected not only redistricting disputes, but also other election-related rules about issues like mail-in voting and voter access to the polls that legislatures might seek to enact even when state courts have held that those rules violate state constitutions. The theory could also bring into question the power of governors to veto legislation.
Republicans led by Tim Moore, the speaker of the North Carolina House of Representatives, invoked the theory after the state Supreme Court struck down the congressional district map in February of last year.
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