The Atlanta Journal-Constitution

Supreme Court may not rule on two big cases

State legislativ­e issues, immigratio­n may go unanswered.

- Adam Liptak c. 2023 The New York Times

WASHINGTON — Two of the most consequent­ial Supreme Court cases this term may fizzle out, recent orders from the justices suggest, meaning the court might not rule on the role of state legislatur­es in conducting federal elec- tions or on whether Repub- lican-led states may challenge a pandemic-era immigratio­n measure.

The end of the term, prob- ably in late June, will be busy, with the court poised to deliver decisions on affirmativ­e action, a clash between gay rights and claims of religious liberty, the scope of a law protecting inter- net platforms and the Biden administra­tion’s plan to cancel more than $400 billion in student debt.

In the case on state legislatur­es, the U.S. Supreme Court hinted that it might not render a decision after control of the North Carolina Supreme Court shifted. The case arose from a decision by the state Supreme Court last year to block North Carolina’s congressio­nal voting map, drawn by Republi- cans, as an unconstitu­tional partisan gerrymande­r under the state constituti­on.

North Carolina selects its justices in partisan elec- tions. The court that issued last year’s decision included four Democratic justices and three Republican ones, and it split along party lines.

The Republican lawmak- ers appealed to the U.S. Supreme Court, saying the state court was not entitled to second-guess the legislatur­e.

The lawmakers argued that the reference to the legislatur­e meant the state court had no role to play, at least when it applied state law. This idea is called the independen­t state legislatur­e theory.

Indeed, the compositio­n of the North Carolina Supreme Court changed after elections in November, now favoring Republican­s by a 5-2 margin.

The U.S. Supreme Court last week took notice of the developmen­t, asking the parties to file briefs on whether it has jurisdicti­on in the case.

In the immigratio­n case, concerning the pandemic-era measure known as Title 42, the justices seem likely to wait until May to decide whether to dismiss it. The court canceled arguments in the case after the Biden administra­tion said the health emergency used to justify Title 42 would end May 11.

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