Justices appear poised to hear GOP election case
Congressional races, redistricting at core
WASHINGTON – The Supreme Court seems poised to take on a new elections case being pressed by Republicans that could increase the power of state lawmakers over races for Congress and the presidency – as well as redistricting – and cut state courts out of the equation.
The issue has arisen repeatedly in cases from North Carolina and Pennsylvania, where Democratic majorities on the states’ highest courts have invoked voting protections in their state constitutions to frustrate the plans of Republican-dominated legislatures.
Already, four conservative Supreme Court justices have noted their interest in deciding whether state courts, finding violations of their state constitutions, can order changes to federal elections and the once-a-decade redrawing of congressional districts. The Supreme Court has never invoked what is known as the independent state legislature doctrine, although three justices advanced it in the Bush v. Gore case that settled the 2000 presidential election.
It only takes four of the nine justices to agree to hear a case. Many election law experts are alarmed justices might seek to reduce state courts’ powers.
“A ruling endorsing a strong or muscular reading of the independent state legislature theory would potentially give state legislatures even more power to curtail voting rights and provide a pathway for litigation to subvert the election outcomes expressing the will of the people,” law professor Richard Hasen wrote in an email.
But if justices are getting involved,
Hasen said, “it does make sense for the Court to do it outside the context of an election with national implications.”
The court could say as early as Tuesday whether it will hear an appeal filed by North Carolina Republicans. The appeal challenges a state court ruling that threw out the congressional districts drawn by the General Assembly that made GOP candidates likely victors in 10 of the state’s 14 congressional districts.
The North Carolina Supreme Court held that the boundaries violated state constitution provisions protecting free elections and freedoms of speech and association by handicapping voters who support Democrats.
Pennsylvania’s top court also selected a map Republicans say probably will lead to election of more Democrats, as the two parties battle for control of the House in the midterm elections in November. An appeal from Pennsylvania is
waiting, if the court for some reason passes on the North Carolina case.
Nationally, the parties fought to a draw in redistricting, which leaves Republicans positioned to win control of the House even if they are just short of winning a national vote majority.
In their appeal to the nation’s high court, North Carolina Republicans wrote that it is time for the Supreme Court to weigh in on the elections clause in the U.S. Constitution, which gives each state’s legislature the responsibility to determine “the times, places and manner” of holding congressional elections.
“Activist judges and allied plaintiffs have proved time and time again that they believe state courts have the ultimate say over congressional maps, no matter what the U.S. Constitution says,” North Carolina Senate leader Phil Berger said.